The Kaneshie District Court has sentenced one Eric Kojo Duah, a man standing trial for the murder of two police officers on the Kasoa-Budumburam-Accra stretch in August 2019 to 20 years imprisonment.
This was after the convict entered an agreement with the State under the Plea Bargaining law.
On August 28, 2019, Eric Duah was arrested for the gruesome murder of Sergeant Michael Dzamesi and Lance Corporal Mohammed Awal while on duty at Kasoa.
The two Policemen were among a team of Motor Traffic Transport Department (MTTD) officers who were on task force duties on the Kasoa Buduburam-Aprah road.
The two while on duty checks stopped an unregistered Toyota Camry with Duah and Ani as the occupants but refused to pull over.
The policemen managed to intercept the unregistered car and Sergeant Dzamesi asked the two to come out of the car.
After a struggle ensued between Dzamesi and Duah, Duah went back into the vehicle, pulled out a gun and shot Awal in the left rib and shoulder.
Dzamesi decided to run for his life and sought refuge in a grocery shop but Duah followed him to the shop and shot him three times and bolted with the car.
In court, Duah denied two charges of murder but pleaded guilty to manslaughter and entered a plea bargaining with the state.
Per the agreement, Kojo Duah wanted a 10 years lesser punishment for manslaughter rather than murder.
But, after his conviction, Justice Marie-Louise Simmons, sentenced him to 20 years in prison on each of the two counts of manslaughter.
However, the court said, the sentences are to run concurrently, meaning Kojo Duah will serve only 20 years in jail.
On Tuesday, October 31, 2023, lawyers of Kojo Duah, Augustines Obour notified the Court of the agreements his client had had with the state to plead guilty to manslaughter instead of murder.
“My Lady, we humbly pray to plead guilty to a lesser offence under Section 239 of Act 30 (1960) as agreed with the Prosecution,” Counsel told the Court.
He added that, “subject to the convenience of the court we are ready to do it today (October 31).”
“My prayer is in respect of A1-Eric Kojo Duah, (Counsel reads out to the Court) we are ready to plead not guilty to the offence of murder but guilty of offfence to manslaughter as agreed by the Prosecution”.
“We have done this with the Prosecution and we have agreed on the sentence of ten (10) years accordingly. We pray humbly,” Counsel submitted.
In her response, Senior State Attorney, Nana Ama Prempeh told the Court that the accused had approached the prosecution but they were not avers with the request.
“My Lady respectfully, we have been approached by counsel for the A1 to consider the change of his client’s plea to that of a guilty plea to manslaughter. We are not avers to this request,” Nana Ama Prempeh told the Court.
Following the presentations of the legal representatives of the prosecution and the accused, Justice Simmons sought clarity from the accused person.
The pleas of Eric Kojo Duah were taken on two counts of murder but while pleading not guilty to murder, he pleaded guilty to two counts of manslaughter.
Justice Marie-Louise Simmons consequently convicted the first accused of manslaughter under Section 239 (2), Act 30.
In his mitigation plea for his client following his conviction, Lawyer Augustines Obour said his client is a first time offender and prayed for a lesser punishment.
“We have agreed with the Prosecution before the proceedings today and we pray we go accordingly.
“The convict is a first time offender, he has also learnt his lessons from being in custody for a long time, from August 2019 to date, 31st October 2023.
“Until this incident, the convict had been a responsible citizen going about his duties normally as evidenced in the facts presented by the Prosecution.
“We pray that the Court will give him the opportunity to come back to the community as soon as possible to continue his good deeds to the Republic,” he prayed the Court.
Imposing a punitive punishment, Nana Ama Prempeh told the Court that, the punishment must reflect the offense committed despite the agreement.
“Prosecution finds it a great relief that the 1st accused person has admitted to the offence of killing two police officers who were in their line of duty.
“We humbly pray that the offence he committed is grave and it should attract a punishment that is deterrent enough to like-minded persons.
“We pray that the sentence imposed should take effect from the date of sentence in spite of the times he has spent in custody,” the Senior State Attorney told the Court.
