A 56-year-old professional nurse, Clara Yanyi-Ampah, employed as a caregiver at Happy Bloomers School in Agbogba, has been handed a five-year prison term for the tragic death of an 11-month-old infant.
Yanyi-Ampah, in a plea bargain with the Attorney-General’s office, admitted guilt to manslaughter.
Under the terms of the agreement, both sides upheld the manslaughter charge and jointly proposed a five-year sentence of hard labor.
In accordance with Section 162 (h) of the Plea-Bargaining Act 1079, the court sought clarification from the convicted individual before delivering the sentence.
Senior State Attorney Mercy Arthur and defense counsel Richard Asare Baffour both affirmed their agreement to the court.
Initially maintaining her innocence, Yanyi-Ampah changed her plea in light of the agreement.
Following Justice Marie-Louise Simmons’ confirmation of the agreement, the court proceeded to formally impose the sentence.
By Court
Justice Marie-Louise Simmons after listening to the parties said “On the basis of the plea of guilty of the offence of manslaughter, the accused is convicted on her own plea and sentenced to five (5) years imprisonment.
In sentencing, “the Court has considered the eight months the accused spent in custody upon her arrest in May 2021 till she was granted bail.
“I have also considered the benefit of the plea deal which has shortened the trial and reduced the burden on both the Prosecution and the Court.”
The court said the accused (now convict) is also not known to the law and seems to have shown remorse.
However, the Court said, “her reckless act of neglect of the baby and non-chantant attitude after feeding her until another teacher found the baby unresponsive was indeed a reckless disregard for human life, hence the sentence meted out.”
Brief facts
As per the case’s summary, Randy and Patricia Ackah-Mensah, a married couple, are the complainants. They are the parents of Allegra Camille Yaba Ackah-Mensah, an 11-month-old girl who attended Happy Bloomers School in North Legon, Accra.
According to the information provided, Allegra was enrolled at the school on April 6, 2021.
The accused individual, Clara Yanyi-Ampah, a 56-year-old alleged professional nurse, was employed as a caregiver at Happy Bloomers School.
The Prosecution asserted that Yanyi-Ampah was entrusted with the care of baby Allegra along with two other children at the school.
“On May 18, 2021, baby Allegra who had turned 11 months old that morning, went to school in good health.
“At about 2:50 pm Madam Gladys Osei, a teacher at the school passed through the changing room and tried playing with Allegra whilst the accused was changing her clothes, but she found her to be unresponsive,” the Prosecution stated.
It said she asked the accused person who was attending to Allegra if the baby was asleep, and she responded in the negative.
Gladys promptly notified the school administrator, who swiftly transported Allegra to North Legon Hospital.
The Prosecution reported that around 3:07 pm, Randy received a call from the school administrator informing him that his daughter was unwell and had been taken to North Legon Hospital for medical treatment. Consequently, Randy contacted his wife, and they both proceeded to the hospital.
“The medical report indicated that Allegra was unresponsive with no heartbeat or pulse and all efforts to resuscitate her proved futile, so she was pronounced clinically dead.
“Prior to changing Allegra’s clothes, the accused person had fed her,” it said.
“A CCTV footage obtained from the school after Allegra’s death showed that the accused person pulled the hands of Allegra to her back and poured food down her throat with a cup.
“According to the school’s policy on feeding, toddlers Allegra’s age are fed with spoons.
“The school indicated that the cup the accused used in feeding baby Allegra belonged to the accused.”
Post mortem
“The post-mortem report indicated that Allegra’s trachea and bronchi and left lungs were filled with food particles. The pathologist concluded that the cause of death was asphyxiation due to aspiration of food following forced feeding.
The accused individual faced charges of manslaughter, as outlined in section 50 of the Criminal Offences Act, 1960, Act 29. Subsequently, she was brought before the Criminal Division of the High Court in Accra for trial.