Sunyani (Western Region) 13 April '99

A resident of Fiapre, near Sunyani, has filed a suit against the Commanding Officer of the Sunyani Liberation Barracks, claiming special damages and compensation for injuries and losses sustained from a gun shot allegedly fired by a soldier of the barracks. The incident occurred last year when soldiers from the barracks went to Fiapre to help quell a mob attack on the chief of the town, following allegations that he had sold their farmlands to the Catholic Church for the establishment of a university. A statement of claim accompanying the writ filed at a Sunyani high court described the plaintiff, Kwasi Twene, as a bicycle repairer resident at Fiapre. It said on September 13, last year, while buying some items from a shop, he was hit in the right hand by a stray bullet fired by one of the soldiers/agents of the defendant, who had invaded the town in connection with a mob attack. The claim noted that as a result of the "negligent, careless and reckless act of the agent of the defendant", Mr Twene was hospitalised and operated upon, thereby incurring millions of cedis in medical expenses and revenue losses. It further stated that due to the incident, the plaintiff has become deformed in the affected hand and thus lost its effective use. The statement of claim said in spite of several attempts, the authorities of the Third Infantry barracks have continued to shelve the identity of the soldier who fired the shot from the plaintiff. The suit filed on behalf of the plaintiff by Nana Obiri Boahen, a Sunyani lawyer, is therefore seeking a court order that the defendant pay general damages for the negligence and recklessness exhibited by the soldier. The court, according to the claim, should also order the defendant to pay "special miscellaneous and other incidental damages to the plaintiff in respect of medical expenses, revenue losses and other hardships suffered as a result of the shooting". Mr B. Cab-Beyuo, chief state attorney in-charge of the Brong Ahafo region, has entered an appearance on behalf of the defendant as the Attorney General's representative in the region.