[1965]DLSC1823 • November 12, 1965 • Supreme Court •
KWAKYE AND ANOTHER vs. THE STATE
The appellants were jointly charged with conspiracy to steal and stealing a large sum of money (£G52,000) which was part of £G83,000 won by the complainant on a football pool. The first appellant was a district commissioner and the second a diamond magnate. The appellants were involved in handling the cheque and money, with the first appellant taking possession of the money and instructing the bank manager to release it. Evidence showed the money was delivered to the appellants, implicating them in the theft.
read moreJUDGMENT OF OLLENNU J.S.C. Ollennu J.S.C. delivered the judgment of the court. The indictment in this case charged the two appellants jointly with two counts, namely, conspiracy to steal and stealing. The amount involved is a huge sum of money, £G52,000 being a portion of an amount of £G83,000 which the complainant had won on a football pool. The assessors, with whose aid the trial was held, were unanimous in opinion that each of the appellants was guilty on each of the two counts. And, in his lengthy and well-considered judgment, the learned trial judge, Apaloo J.S.C., found each of the appellants guilty as charged and convicted them. As the facts are set out clearly and at length in the judgment of the High Court, it is unnecessary to repeat them; therefore only such portions of them as are relevant for the determination of the issues raised in this court will be referred to in the course of this judgment. In the first two grounds of appeal filed on behalf of the second appe.....