REPUBLIC vs. GENERAL COURT MARTIAL; EX PARTE MENSAH

JUDGMENT OF JIAGGE J.A. The appellant was tried summarily by a disciplinary service tribunal and was convicted on two counts of fraudulent misapplication of property contrary to section 52 (1) (a) of the Armed Forces Act, 1962 (Act 105). He was convicted also on one count of unauthorised use of a vehicle of the Armed Forces contrary to section 50 (a) of the same Act. His sentence was “dismissal with disgrace from the Armed Forces” and this was conveyed to him in a letter dated 28 May 1973. On 8 June 1973 the appellant petitioned the Head of State and Chairman of the National Redemption Council on the severity of his sentence and pleaded for clemency. The reply to the petition indicated that the matter had been thoroughly looked into and that the final outcome would be communicated to the appellant. Three or four months later, the appellant received a letter signed by the Military Secretary, Ministry of Defence and dated 3 August 1973, informing him that he had been reinstated in...