Businessman fined for ordering destruction of fence wall

The Madina District court has fined a 41-year-old businessman GH¢2,400 for ordering two suspected land guards to vandalise a trader’s fence wall.

In default, the convict, Jeremiah Nii Ashalley Brown will spend six months in prison. Brown, who pleaded not guilty to the charge of abetment of crime to wit; causing damage, was convicted after a full trial.

The convict, during cross-examination denied ever being at the site where the damage was caused, however, the court, presided over by Ms Maame Efua Tordimah, held that the prosecution had led enough evidence to establish his identity and proved beyond reasonable doubt that Brown ordered the suspected land guards to damage the fence.

However, the court, in its judgment, held that the prosecution failed to lead any evidence to the cost of the wall.

Ms Tordimah added that “I cannot take judicial notice of the cost of damage to the wall.”

She ordered the complainant, John Babey Achindiba, and Brown to settle on a common valuator to assess the cost of damage to the wall after which Brown would be made to settle the valued amount to the complainant.

Plea of mitigation

In his plea of mitigation, Brown prayed against a harsh punishment, adding that he was the sole bread winner of the family with three children and a wife to take care of.

Facts

The facts, as presented by the prosecution, led by Inspector Joyce Nusan, were that on February 19, 2018, Brown, together with his family members, reported a trespassing case against the complainant.

The prosecutor said upon the receipt of the complaint, the complainant’s workers were arrested to assist police in investigations.

After granting the complainant’s workers bail, Inspector Nusan said Brown led Vadam and two others, who are at large, to the disputed land and ordered them to cause damage to the complainant’s fence wall.

According to the prosecution, the complainant also reported about causing damage against Brown and his accomplices which led to Brown’s arrest.

The prosecutor said Brown was arrested but he denied the offence in his investigation cautioned statement.

Site plan

In the course of investigation, the prosecutor said the complainant and Brown submitted their site plans.

However, the prosecutor said, a search conducted at the Lands Commission revealed that the land was registered in the complainant’s name.

Following the revelation, the prosecutor said Brown was arrested and charged with the offence after investigations.