A 78-year-old man who has become blind following an attack on him at a cemetery at Teshie in Accra without any provocation, wept in acc High Court (Criminal Court ‘3’) on the day the court was about to pronounce judgement on his attackers.

Nii Ashiboi Mensah popularly called Nii Santo within the Teshie Community, was slashed on his neck in 2014, by Mr. Joseph Ashikwei Tigany, who has been sentenced to 25 years in prison by Her Ladyship, Mrs. Justice Mary M.E. Nsenkyire.

The court again jailed Daniel Ashitei, Philip Boye and Nii Armah 15 years each for finding them guilty of conspiracy to commit crime but considered the advanced age of nii Agoe Kaatso who is about 83 years, and sentenced him to one month imprisonment also on the same charge of conspiracy.

Mr. Santo, who had harboured some pain for the seven years that the case was pending in court, could no longer control his emotions and wept when the judge was recapitulating (recap) the brief facts of the case as presented by the sate prosecution.

She said that the victim, Nii Ashiboi Mensah popularly called Nii Santo was a retired driver and lived at Teshie Camp 2,  while the five convicts were also drivers but resided at Teshie Bush Road.

She said that the acting Dzaasetse of Lanshie Quarter by name Nii Jerry died and during preparations for his funeral, a faction belonging to the same Lanshie Quarter and headed by a man called Nii Kwabotwe was not in agreement that the deceased (Nii Jerry) should be buried at the Lanshie Royal Mausoleum at Teshie.

According to prosecution this brought a misunderstanding between the two factions on April 24, 2014, which the Municipal Security Committee (MUSEC) of LEKMA held a meeting with them (factions) to settle the matter.

Prosecution claimed that during the meeting, Nii Agoe Kaatso (then 5^th Accused) threatened to cut the head of the victim if he stepped foot at the cemetery to dig a grave for the burial of Nii Jerry.

The facts continued that on April 25, 2014, Nii Santo (victim) who had sent some young men to go and dig a grave at the Royal Mausoleum, got a phone call from one of them (young men) to the effect that some people from the Nii Kwabotwe faction had come to attack them at the cemetery.

Upon the receipt of this information, the victim rushed to the place (Royal Mausoleum) and met Nii Armah Agbeko (then 4^th Accused) standing on the cemetery wall.

Ms Craig (Prosecutor) said that the victim engaged him (Agbeko) in a conversation to impress upon his brothers to stop fighting the men he (victim) had sent.

She said that while the victim was still talking with Nii Armah Agbeko, they heard shouts from the cemetery compelling the two of them to rush to the place to see what was amiss. 

Prosecution said that when the victim entered the cemetery, he saw Joseph Ashikwei Tigany (then 1^st Accused), Daniel Ashitei (then 2^nd Accused), Philip Boye (then 3^rd Accused) with others struggling with the young men he had sent to dig the grave.

Ms Craig said that as the victim proceeded to the place the young men were struggling, he was met mid-way by Daniel Ashitei who held his hands together, and Joseph Ashikwei Tigany emerged from his (victim’s) left hand side and slashed his neck with a knife whilst Philip Boye and Nii Armah Agbeko looked on saying “today you are going to die”.

“Nii Santo was not the only person who sustained injuries; two other men who were part of the digging also sustained injuries as one had his forehead slashed and the other his hand.

“The victim, Nii Santo, was rushed to the hospital and had to be resuscitated after which he was rushed to the theatre to have the injury to the neck sutured.

“The doctor who attended to the victim issued him with a medical report which stated among other things that the wound inflicted on the victim’s neck by the 1^st accused (Joseph Ashikwei Tigany) was life threatening,” prosecution concluded.

Passing sentence, Mrs Justice Mary Nsenkyire said, “The jurors having returned a verdict of guilty on all counts, I hereby convict all the accused persons with the offence of conspiracy to commit crime to wit causing harm with the use of offensive weapon. But the first accused has been sentenced to 25 years imprisonment for causing harm.”

By Castro Zangina-Tong