[1964]DLSC1941 • November 6, 1964 • Supreme Court •
OWUSU-ANSAH vs. THE STATE
The appellant, a timber truck driver employed by Messrs. F.E. Ghassoub Ghana Ltd., was tried with three others on a count of conspiracy to steal and was separately charged with 44 counts of stealing 108 logs belonging to his employers. The prosecution alleged that on various dates the appellant’s truck was loaded with logs at Hwidiem for delivery to the complainants’ yard in Kumasi. In respect of 105 logs covered by counts 2 to 43, the logs never reached the complainants’ yard and were never traced. In respect of three logs covered by counts 44 and 45, the evidence showed that the appellant conveyed them to the yard of Messrs. West African Hardwoods Ltd. and sold them for cash. The appellant denied knowledge of the 105 logs but admitted transporting the three logs, claiming he acted on the instructions of the complainants’ receiving clerk and paid over the proceeds to him. Portion of judgment: “The appellant in his defence denied any knowledge of the 105 logs covered by counts 2 to 43; but he admitted conveying to the yard of Messrs. West African Hardwoods Ltd. the three logs covered by counts 44 to 45...”
read moreJUDGMENT OF BRUCE-LYLE J.S.C. Bruce-Lyle J.S.C. delivered the judgment of the court. This is an appeal from the judgment of Djabanor J. sitting with assessors at the Criminal Session of the High Court, Kumasi, delivered on 28 June 1963. The appellant was charged with three others with conspiracy to steal and he alone with 44 counts of stealing 108 logs of various species, the property of his employers Messrs. F.E. Ghassoub (Ghana) Ltd. (hereinafter referred to as complainants). The case for the prosecution was briefly that the appellant was employed as the timber truck driver of the complainants on the various dates mentioned in the 44 counts and that on these dates his truck was loaded with logs in the bush in the Hwidiem area. There was a loading clerk at Hwidiem whose duties included preparation of waybills, in original and duplicate, covering the logs entrusted to the appellant. The original waybill was handed to the appellant and the duplicate was kept by the clerk. It is s...