AMPADU vs. THE REPUBLIC [1978]DLHC1128

Date	1978-06-26
Suit No.
Citation No.	[1978]DLHC1128

TAYLOR J.

DY-YAKA FOR THE APPELLANT.

ACHIGIBA FOR THE REPUBLIC.

[1978]DLHC1128
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													<main id="main" class="content" style="min-height: 60rem" >AMPADU <o:p></o:p>vs. <o:p></o:p>THE REPUBLIC<o:p></o:p>[HIGH COURT, TAMALE] <o:p></o:p>[1979] GLR 71<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:
26 JUNE 1978<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">

DY-YAKA FOR THE APPELLANT.<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">

TAYLOR J.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF TAYLOR J.<o:p></o:p>On 5 June
1978, I allowed the appeal in this case, quashed the conviction of the
appellant, set aside the concurrent sentence of three years’ imprisonment with
hard labour on each of the six counts imposed on him by the circuit court and
acquitted and discharged him. I reserved my reasons for allowing the appeal and
I now proceed to give the said reasons.<o:p></o:p><o:p>&nbsp;</o:p>The
appellant in the case is a store-keeper employed by the State Construction
Corporation in their carpentry and joinery stores. He was assisted in his work
at the relevant time by another employee, an assistant store-keeper, called
Mabel Kwame. It is alleged that in 1973 by falsifying documents in his
possession he stole a number of bedhooks, drawer handles and drawer knobs, the
property of his employers. He was arraigned before the circuit court charged
with falsification of accounts on four counts and stealing on four counts. The
first count charged him with falsifying an original requisition form No. 147260
by entering twenty bedhooks in the said requisition in the place of the figure
2 appearing in the duplicate requisition. The stealing which was count (2) and
founded on the said falsification is in respect of the extra eighteen bedhooks
involved valued at ¢58.50. In count (3), the appellant was said to have
falsified an original requisition form No. 143068 by entering 200 drawer
handles in the place of the figure 2 appearing on the duplicate requisition.
The extra 198 drawer handles valued at ¢594 involved were the subject of the
stealing charge in count (4). The alleged falsification charged in count (5) was
similar to the charge in count (3) and the original requisition in that count
is No. 160101 and the 198 drawer handles also valued at ¢594 therein were the
subject-matter of the stealing charge in count (6). Count (7) also a charge of
falsification involved drawer knobs. Instead of the figure 2 on the duplicate
requisition form there was 200 on the original and the appellant was said to be
responsible for the entry of 200. The 198 drawer knobs valued at ¢248.10 formed
the stealing charge in count (8).<o:p></o:p><o:p>&nbsp;</o:p>The appellant
was the store-keeper from 1971 to 1974 and as I have already pointed out he had
an assistant store-keeper Mabel Kwame. He has tally cards on which are recorded
the various items in the store. Indeed it is the tally cards which control the
items in the store and which at any point of time should show the state of the
stocks. When store materials are received, it is the duty of the store-keeper
to prepare a receipt for the said materials. He then enters the receipt number
and the quantity received on the relevant tally card.<o:p></o:p><o:p>&nbsp;</o:p>According
to the stores regulations of the State Construction Corporation, in order to
issue out materials from the store, the store-keeper needs approved requisition
from the Works Superintendent. Normally the requisitions are prepared by the
office of the Works Superintendent and approved by the Works Superintendent,
thereafter the original copy is given to the person sent to collect the items.
The collector presents the original requisition to the store-keeper. On receipt
of the original requisition, the store-keeper prepares way-bills to cover the
items and he then gives the items to the collector. The collector then signs
the way-bill as an indication that he has received the items. This is the usual
practice. However in the carpentry and joinery section of the State
Construction Corporation where the appellant worked, the Works Superintendent,
contrary to regulations has adopted the system of permitting the collectors to
receive materials without signing any way-bills and later way-bills are then
prepared and sent to him for scrutiny.<o:p></o:p><o:p>&nbsp;</o:p>All the
requisitions the subject-matter of the four falsification charges were approved
requisitions for the number of items appearing on the relevant duplicate
requisitions. The case for the prosecution is that the figures on the originals
have been altered and since the appellant is the store-keeper he altered the
figures. It is also the case of the prosecution that the alterations were made
to facilitate the stealing of the extra items which the alteration gave rise
to.<o:p></o:p>