West Hills Mall murder: Docket, Pathologist report forwarded to AG for advice – Prosecutor

Police prosecutors have told the District Court in Sowutuom that the duplicate docket and pathology report of the deceased in the West Hills Mall murder case have been forwarded to the Office of the Attorney General for advice.

Boafo Osei Kwame, the accused, per the police's brief facts before the court, is the shop manager of Max Buy Ghana Limited, a dealer of electrical appliances within the West Hills Mall.

He has since been remanded after he was alleged to have used a Taser to shock a 33-year-old man, leading to his death.

In court on Thursday, February 16, the District Court at Sowutuom, presided over by His Worship Stephen Tebiri, remanded him again into police custody.

Upon hearing a prayer from the prosecutor to await the AG's advice on the matter, the case was adjourned to March 2.

Background

In his first appearance on February 2, his plea was not taken after the charge was read to him and the brief facts were presented to the court.

According to EIB Network’s Legal Affairs Correspondent, Murtala Inusah, the accused is on a provisional charge of murder.

His lawyers had disputed the facts presented to the court at this initial stage and contended that the case bothers on "causation" which could not be attributed to their client.

The lawyers further indicated to the court that a post-mortem report would make things clearer for their client as the facts suggest that the deceased struggled with a certain policeman as well as swallowing a black polythene bag.

The defence says the taser the accused allegedly used "was not even working when tried on the accused later after his arrest."

Brief facts

Per the brief facts of the case put before the court, the complainant is Bernard Boanor Denkyi, an Operations Manager at West Hills Mall located at Weija.

While the accused Boafo Osei Kwame, is also the shop manager of Max Buy Ghana Limited, dealers of electronic appliances also located within the West Hills Mall.

According to the prosecution, on January 30, 2023, a Police Sergeant Daniel Abeiku, stationed at the Visibility Unit of the Ghana Police Service's Headquarters and assigned to perform duties at the Mall, was patrolling the Mail when he noticed Shadrack Allu, 33, now deceased, and Ibrahim Seshi, a witness in the case, carrying a backpack.

It said the deceased and the witness’ movement at the mall became suspicious, and the police sergeant called the deceased for him to search his backpack.

The prosecution said, "the deceased opened the backpack, removed something wrapped in a black polythene bag from the backpack, put it in his back pocket, and started running outside."

It said, "The policeman pursued the deceased and got him arrested. The deceased struggled with the policeman when he was being cuffed, and in the process, he removed the wrapped polythene bag from his back pocket and swallowed it.

"The accused person, who also saw the incident, rushed to the scene and removed his personal Taser and shocked the deceased."

It said, "The deceased fell unconscious as a result and was rushed to the Somotech hospital within the mall for treatment but was pronounced dead on arrival by the medical doctor on duty."

The brief facts stated that the "accused was arrested and Taser retrieved from him" and "During the interrogation, the accused stated that he brought the Taser for self defence."

The prosecution stated that "the body of the deceased was carefully inspected, but no physical marks of assault were found."

"The body was later removed and deposited at the Police Hospital for preservation and autopsy. Investigation ongoing" the court was informed.