[2016]DLSC3148 • February 17, 2016 • Supreme Court •
FRANCIS YIRENKYI vs. THE REPUBLIC
The appellant, a policeman, was tried alongside five others for conspiracy to commit crime and stealing 800 bags of granulated sugar valued at GH¢60,000 from an articulated truck at Ashiaman. The prosecution alleged that the accused conspired and stole the sugar on 18th January 2010. The driver of the truck identified the 1st and 2nd accused persons as the perpetrators, but could not identify the appellant. Investigations were incomplete, with key witnesses and evidence such as mobile phone records not pursued. The appellant was convicted and sentenced to 10 years imprisonment on each count, concurrent.
read moreDOTSE JSC: In his book, entitled “The Supremes Greatest Hits – The 34 Supreme Court Cases That Most Directly Affect Your Life” Michael G. Trachtman, commenced chapter 4 of the book on page 58 with the following quotation which we think is very relevant to the circumstances of this case that we would want to adapt and use. It states as follows:- “The one place where a man ought to get a square deal is in a courtroom, be he any colour of the rainbow…” Atticus Finch, This is an appeal by the Appellant against the unanimous decision of the Court of Appeal, dated 10th April 2014 which dismissed an earlier appeal lodged by the appellant against his conviction by the trial Circuit Court, Tema on 2 counts of conspiracy to commit crime, to wit, stealing and stealing, to the High Court. In otherwords, the appellant, who was tried alongside 5 other persons by the Circuit Court Tema on the 2 counts referred to supra was convicted and sentenced to a term of 10 years on each count to ...