MALI vs. THE STATE [1965]DLSC1825

Date	1965-12-06
Suit No.
Citation No.	[1965]DLSC1825

OLLENNU JSC

AKAINYAH JSC

LASSEY J.S.C.

APPIAH (WITH HIM SOTOMEY) FOR THE APPELLANT.

S. M. BOISON PRINCIPAL STATE ATTORNEY FOR THE RESPONDENT.

[1965]DLSC1825
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													<main id="main" class="content" style="min-height: 60rem" >MALI<o:p></o:p>&nbsp;vs. <o:p></o:p>THE STATE <o:p></o:p>[SUPREME COURT]<o:p></o:p>[1965] GLR 710<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

DATE:
6 DECEMBER 1965.<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

APPIAH (WITH HIM SOTOMEY) FOR THE APPELLANT.<o:p></o:p>

S. M. BOISON, PRINCIPAL STATE ATTORNEY, FOR THE
RESPONDENT.<o:p></o:p>

</div>CORAM:
<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

OLLENNU, AKAINYAH AND LASSEY JJ.S.C.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF OLLENNU J.S.C<o:p></o:p>Ollennu
J.S.C. delivered the judgment of the court. The appellant was charged jointly
with one Baba Gao with one count of unlawful entry, and five counts of stealing
various sums of money totalling £G3,835 17s. 6d. Baba Gao was acquitted on each
of the six counts, while the appellant was convicted on each one. Originally
one Zaria Mali, a brother and night watchman to the complainant was also
arrested together with the appellant and the other defendant, and charged with
the offence, but was later released by the police and not brought before the
court.<o:p></o:p><o:p>&nbsp;</o:p>Briefly
stated the facts relevant to the case are as follows: The complainant in the
case, one Mahamadu Mali, is a Malian and a treasurer for a number of Mali
subjects trading in fish between Kumasi and Mopti in the Republic of Mali. As
such treasurer he from time to time had in his possession various sums of money
belonging to his colleagues. He usually put these moneys in white flour bags,
and kept them in boxes and chest of drawers in a room which he had rented for
the purpose; the appellant and other persons also kept money in the same room,
similarly enclosed in white flour bags. The room was commonly known to these
Mali fish traders as “the bank” and the keys thereof were kept by the complainant;
and Zaria Mali, aforesaid, was the night watchman in charge.<o:p></o:p><o:p>&nbsp;</o:p>At about
noon on 25 February 1965, the appellant and Zaria Mali observed that the room
had been broken into, so they proceeded to the market where Mahamadu Mali was,
and reported the matter to him. Mahamadu Mali went with the two to “the bank”
and examined the same, he noticed that a chest of drawers had been forced open;
in that drawer he said he had kept £G2,800. A report was then made to the
police who after carrying on investigation arrested the appellant, Zaria Mali
and Baba Gao; but later they decided not to proceed against Zaria Mali. When
searched the said Baba Gao produced the amount of £G3,835 17s. 6d. in a white
bag which both he and the appellant said the appellant had collected from the
room after the breaking into the room had been discovered. Originally Baba Gao
had been asked to produce the money stolen from the room and he had denied
having any such stolen money. Some weeks after the police had collected the
money from Baba Gao, the complainant informed the police that the amount of
money missing from his room was not £G2,800 as he had originally said but rather
£G3,835 17s. 6d., the exact amount which the appellant had given to Baba Gao
for safe keeping. The police accordingly framed the charges to correspond with
the latter figures given by the complainant.<o:p></o:p><o:p>&nbsp;</o:p>The
evidence against the appellant was given by the second prosecution witness and
is as follows:<o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">“About 12
noon, I left my house going to a store. I was coming from Blackpool towards a
store when I saw the first accused coming from the direction of the first
prosecution witness’s house. The first accused was walking towards Zongo road
direction. The first accused was holding a bulky hand bag under his armpit. Not
long after seeing the first accused, I saw the second accused also following. I
did not speak to either of the accused persons on seeing them. I later went to
the store to buy some clothes. I did not buy the clothes but returned to
Blackpool. Later I heard some information regarding the theft of some money.
When I heard of the news I went to the first prosecution witness’s house to see
him but he was absent. I was giving some information as regarding the first
prosecution witness’s whereabouts. As a result I went to the police station. I
later saw policemen, the first prosecution witness, the first accused and Zaria
Mali in the room of the first prosecution witness. I then gave information to
the police as to what I saw at noon that day.”<o:p></o:p><o:p>&nbsp;</o:p>The case
of the appellant is that round about noon of that day he and Zaria Mali noticed
that the locks on the door of “the bank” had been broken, he and Zaria Mali
thereupon went into the room, he noticed that one drawer had been broken but
all other drawers and the boxes including the box in which he kept moneys
entr</main>