[2013]DLCA8122 • November 21, 2013 • Court of Appeal
NOBLE ADU GYAMFI vs. THE REPUBLIC
On 7 August 2005, the deceased, a Lebanese national, left his residence to play golf and was last seen alive driving his Nissan Murano. His body was found the next day near Emef Estate, Lashibi. The appellant, a former caddy dismissed by the deceased, was seen driving the deceased's vehicle on the day of the murder, removing number plates, and attempting to hide the vehicle. The prosecution presented circumstantial evidence linking the appellant to the murder and conspiracy charges.
read moreSOWAH J.A. The appellant herein together with others alleged to be at large were committed for trial on a bill of indictment. The bill of indictment to be found at pages 1 and 2 of the Record of appeal is reproduced below:- “Noble Adu Gyamfi and others at large are charged with the following offences: COUNT ONE STATEMENT OF OFFENCE Conspiracy to commit crime, namely murder contrary to sections 23(1) and 46 of the Criminal Code, 1960 (Act 29). PARTICULARS OF OFFENCE Noble Adu Gyamfi, driver, then aged 23 and others at large, on or about the 7th day of August 2005 at Emef Estates/Lashibi near Tema in the Greater Accra Region of Ghana, did act together with a common purpose to intentionally cause the death of one Paul Feghali by unlawful harm. COUNT TWO STATEMENT OF OFFENCE Murder, contrary to section 46 of the Criminal Code, 1960 (Criminal Offences Act, 1960 Act 29) PARTICULARS OF OFFENCE Noble Adu Gyamfi, driver, then aged 23 and others at large, on or about the 7th day o.....