The West Ada District Court, Sege, has handed Atteh Asamanguah, a farmer, a three-month jail term for verbally threatening harm to another farmer, Clement Ackwerh, at Hwakpo.
The action is contrary to Section 74 of the Criminal Offences Act, 1960 (Act 29).
The court, presided over by Her Worship Victoria Akua Ghanasah, as magistrate, jailed Atteh on a CCTV footage prosecution provided to the court as evidence.
In the footage, Atteh Asamanguah, according to the court, was heard threatening: “Clement Ackwerh, I will burn you like charcoal and I will spoil your life.”
The court, pronouncing the judgement, said: “It is specific and genuine that AttehAsamanguah has the means of motivation to burn Clement Ackwerh like charcoal.
From that time, Clement Ackwerh now feels nervous, which affects his quality of life, and even more, evidence that this verbal threat is also criminal.
“In the CCTV footage, Clement Ackwerh was heard shouting for help in the apprehension of eminent fear of attack. AttehAsamanguah succeeded in threatening the life of Clement Ackwerh with fear of harm.
“In sentencing the accused person, the court takes into consideration the plea in mitigation made by his counsel and also the fact that he is a first-time offender. I hereby sentence A3 (AttehAsamanguah) to three three-month prison term without the option of a fine, to serve as a deterrent to other prospective offenders.”
The court acquitted and discharged ten other accused persons in the case, on count one of conspiracy to commit a crime with the threat of harm contrary to Section 23.
This, the court said, was from the totality of evidence.
Brief facts
On October 4, 2022 at about 7am, the complainant, Clement Gator Ackwerh, a farmer and resident of Hwakpo, had information that some people were going to plant cassava sticks on a plot of land his family had ploughed in the village.
The complainant, with his three brothers, proceeded to the farm and met Gladys Korkor Adi (A1), Victor Tonorh Lawerh (A2) and Atteh Asamamguah (A3), all from Addokope, another village, cutting cassava sticks.
The three, after being warned by the complainant and his brothers to stop working on the farm, telephoned Tetteh Akpenkroh (A4), Amos Martey (A5), Sammy Apenku (A6), Ebenezer Asamanguah (A7), BuernoteyLawerh (A8), Promise AklamaAdibuer (A9), Tawiah Patrick Agbashie (A10) and Bernard Buernotey Asamanguah (A11), who together with A1, A2 and A3, holding cutlasses and chanting the complainant’s name, angrily proceeded to the residence of the complainant to threaten to kill and burn him as charcoal is burned.
The complainant, hearing the chanting and the threat on his life, hid and watched the eleven people chant and rant for several minutes.
Out of fear, the complainant reported the case to the Sege Police Station and at about 10am the same day, the complainant led police to Hwakpo junction, where the eleven accused persons, holding their respective cutlasses and heading to their village, Addokope, were arrested.
The accused persons were cautioned and after investigations, they were charged with conspiracy to commit a crime with the threat of harm, contrary to Section 23 and threat of harm contrary to Section 74, respectively, of the Criminal Offences Act, 1960 (Act 29).
