You are here: HomeNews2002 07 30Article 26062

General News of Tuesday, 30 July 2002

Source: gna

Serial Killer: Judgement on 7 August

An Accra High Court trying Charles Ebo Quansah, an alleged serial killer, will give its judgement on Wednesday August 7. This was announced by Mrs Agnes Dordzie, the Presiding Judge, on Monday after the Prosecution, led by Mr Anthony Gyambiby, Principal State Attorney and Defence Counsel, Mr Joseph Amui addressed the court to close their cases.

Quansah, 34, is charged with the murdering Akua Serwah in 1996, while in Kumasi, where he allegedly strangled her after a drinking spree at a bar near the Kumasi Sports Stadium. In his address, Mr Amui urged on the jury that his client was being used as a scapegoat and that if the jury were not careful it would arrive at a wrong verdict, after certifying that the Prosecution's evidence was doubtful.

He denied the charge of murder preferred against Quansah, saying; "apart from the confession statement, there was no other evidence that you have heard, to enable you to convict the accused person."

"I am inviting you (jury) to accept what the accused person said in the box, for if it were not so, he would not have told you," adding, " on that day you would be expected to return with a verdict of not guilty." He submitted that Serwah was not Quanah's girlfriend. He did not know her and, therefore, had no cause to kill her.

Mr Amui said: "There is a doubt in connection with the death of Serwah," and that she might have died as a result of overdose of chloroquine, which was injected into her stomach, as indicated by the Ghana Standard Board's specialist. He noted that Prosecution had not established the guilt of the accused person.

Mr Amui expressed regret that "though we were all sorry about the way women were killed in the country, but the jury must not substitute that action with the innocent accused person".

Quoting extensively, Section 46 of the Criminal Code 1960 Act 29, as an authority to buttress his submission, he stated that the Prosecution ought to have based its argument on what evidence it heard in the court, but not what was heard in town.

He said that all the evidence given by witnesses in the case collaborated and gave instances where a Prosecution Witness, Mr Salifu Busanga, a watchman did not say anything against the accused person. Another Prosecution Witness, Mr Kwame Amoah, who said the deceased was his sister, did not know Quansah and also nothing in his evidence incriminated the accused person.

Counsel stated further that Adwoa Abora, who was the sister of the deceased, said she was told of the death of her sister and that she did not know the accused person, while Philip Kobina, Serwah's boyfriend said on that night, the deceased went to his bar with her female friend.

The Fifth Prosecution Witness, Mr Kwadwo Fordjour, according to Mr Amui, said that he was in charge of the case since 1996, but he did not know that the accused person killed Serwah, until he was told.

Mr Amui referred to Quansah's statement and said he gave up, because he was well beaten that he had to say "yes" to anything that his interrogators asked him. He said when his client was arrested, he denied the charge preferred against him, "until he was given police treatment," (beaten well by the Police)

He reminded the jury that a mention was made of personnel from the Federal Bureau of Investigations (FBI) and that the jury should have had the opportunity of listening to them, about how they conducted their investigations, saying that the Prosecution failed to call them to give evidence.

Counsel said the Police had a long list of dead people, but because the accused person was afraid of further brutality, he confessed at that point, but when he came to the court he spoke the truth that he did not kill them.

Mr Amui said that in Quansah's statement he alleged that if he ate a cat, he gained extra powers that made him to kill his victims. Mr Amui asked: "Is this probable or possible?" When Mr Gyambiby took his turn to address the court, he said: "Whoever commits murder, shall be liable to suffer death."

He stated that he was satisfied that at the close of the case, the Prosecution had been able to establish that Akua Serwah is dead and that she died as a result of harm. Mr Gymbiby said the harm that caused the death of Serwah was unlawful. He said the Prosecution had led evidence to show that the accused person killed Serwah and that it was Serwah who died.

Mr Gyambiby stated that the evidence of Serwah's death was not in dispute, because all the Prosecution Witnesses identified her as the deceased. He said the accused made a confession statement that he strangled Serwah to death by twisting her neck, because the deceased stole her money but she denied.

The Prosecution asked the jury to rely on that statement to convict the accused person, since there was no evidence to rely on. "Once the confession is direct and positive and satisfactorily proved, then it is sufficient to grant conviction of the accused person," he said.

The DPP said a mini trial was held and all adducible evidence proved that the accused person made voluntary statement, which the trial Judge was satisfied with. Mr Gyambiby, therefore, invited the jury to return a unanimous decision of guilty. He urged on the jury that though there was no mark of violence, when someone is strangled, one may not see violence mark since that could be internal, as a result some of the bones in the neck may be broken.

He said Defence Counsel blamed the Prosecution for not sending the medical doctor to give evidence, but Prosecution had earlier explained why it could not send him to testify in the case. Mr Gyambiby noted that during the trial the accused person did not put up any defence, but told lies to the court.