[2015]DLCA4950 • November 26, 2015 • Court of Appeal
PAUL AMANKWA OSEI TUTU AND SETH DZAMESI (APPELLANTS) vs. THE REPUBLIC
The appellants were charged and convicted for conspiracy to commit crime and defrauding by false pretences involving a transaction to sell 75 kilograms of gold to Kidjani Resources Ghana Ltd represented by PW1, Kofi Danquah Asante Antwi. The prosecution's evidence showed that the appellants received USD 700,000 from the complainant under false pretences, promising to supply gold which was never delivered. The appellants denied involvement, claiming the transactions were mediated by a third party and denied receiving monies. The trial court convicted and sentenced them to 15 years imprisonment and ordered restitution.
read moreA. M. DORDZIE, JA:- The appellants herein Paul Amankwa Osei Tutu and Seth Dzamesi were tried by the Fast Track Division of the High Court on charges of Conspiracy to commit crime, namely defrauding by false pretences contrary to sections 23(1) of the Criminal Offences Act 1960, Act 29 and Defrauding by false pretences contrary to section 131(1) of the Criminal Offences Act, 1960 Act 29 Three other persons were charged together with the appellants herein. Two of them the 1st & 2nd accused in the charge sheet were absent at the trial and the record shows that bench warrant was issued for their arrest. The 4th accused was tried together with the appellants; he is not a party to this appeal. The particulars of the offences as spelt out in the amended charge sheet on the record are as follows: Count one: Conspiracy to commit crime, namely Defrauding by false pretences contrary to sections 23(1) of the Criminal Offences Act 1960, Act 29 Particulars of this offence are : 1. Mike Doe,...