YIRENKYI vs. THE REPUBLIC [1987]DLHC1220

Date	1987-12-20
Suit No.
Citation No.	[1987]DLHC1220

OKUNOR J.

E. F. SHORT FOR THE APPELLANT.

BADDOO PRINCIPAL STATE ATTORNEY FOR THE REPUBLIC.

[1987]DLHC1220
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													<main id="main" class="content" style="min-height: 60rem" >YIRENKYI <o:p></o:p>vs. <o:p></o:p>THE REPUBLIC<o:p></o:p>[HIGH COURT, CAPE COAST]<o:p></o:p>&nbsp;[1979] GLR 551<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:
20 DECEMBER 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">

E. F. SHORT FOR THE APPELLANT.<o:p></o:p>

BADDOO, PRINCIPAL STATE ATTORNEY, FOR THE REPUBLIC.<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">

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

</div><o:p>&nbsp;</o:p>JUDGMENT OF OKUNOR J.<o:p></o:p>The
appellant in this case was convicted of the offence of forgery. The charge on
which he was tried read:<o:p></o:p>“STATEMENT
OF OFFENCE <o:p></o:p>FORGERY—Section
159 of Act 29/60 <o:p></o:p>PARTICULARS
OF OFFENCE JONATHAN YIRENKYI: CLERK:—For that you on 16 September 1977 at Agona
Swedru in the Central Magisterial District and within the jurisdiction of this
court with intent to defraud one Nana Opuni the wholesale keeper of G.N.T.C.
that ten bags of flour had been authorised by the district manager of the
G.N.T.C. to be allocated to one Ama Akoto did forge a chit issued by the said
district manager of the G.N.T.C. to Winneba Police Training Depot for ten bags
of flour on 5 September 1977 to read Ama Akoto on 16 September 1977 whereby you
succeeded in detaining ten bags of flour for the said Ama Akoto.”<o:p></o:p><o:p>&nbsp;</o:p>To this
charge he pleaded “Guilty with explanation” whereupon the prosecuting officer
went on to give the “facts” 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">“The
accused is an employee of G.N.T.C. (Agona Swedru) attached to the provisions
wholesale headed by Mr. K. A. Amponsah as sales manager and K. B. Opuni as the
wholesale keeper. Mr. Baiden issued a chit dated 5 September 1977 to Ghana
Police Force—Training Depot, Winneba for supply of ten bags of flour to the
depot. The flour was supplied after the sales manager and the wholesale keeper
had processed the chit. The accused who was to prepare the sales invoice was
absent, so one Bampoe prepared it. This was prepared vide sales invoice No.
6/A315622 dated 5 September 1977 and the supply was made accordingly. After the
supply the chit which ought to be pasted on the triplicate copy of the sales
invoice was kept in a loose file. The accused laid hands on the chit cut off
the name of ‘Ghana Police Force—Training Depot, Winneba,’ and in its place,
inserted the name Ama Akoto, Swedru.’ He also changed the original date on the
chit to read 16 September 1977. He presented the chit to Mr. Amponsah, the
wholesale manager and passed it on to Mr. Opuni the wholesale keeper who
sanctioned the supply of the ten bags of flour to Ama Akoto believing that it
was genuinely sanctioned by the district manager. After processing the chit it
was returned to the accused for supplies to Ama Akoto. On 19 September 1977 the
accused supplied the ten bags of flour valued ¢320 to the said Ama Akoto. On 3
October 1977 the district manager on his routine inspection discovered the chit
with a different handwriting at the top. He confronted the wholesale manager
and keeper both of them identified the handwriting to be that of the accused.
The accused was confronted but he denied authorship of the chit. The case was
reported to the police. During police investigations the accused was arrested
and during interrogation he admitted the offence. Further investigation
revealed that Ama Akoto is the accused’s own wife. Further investigation showed
that he supplied it to one Mary Eshun of Agona Swedru. After investigations he
was charged with the offence. The ¢320 was paid to the G.N.T.C. in the name of
Ama Akoto and collected by Mary Eshun.”<o:p></o:p><o:p>&nbsp;</o:p>The
appellant then gave his explanation:<o:p></o:p>“It is
true that Ama Akoto is my wife, and Mary Eshun is my mother-in-law. The latter
has come to the G.N.T.C. on several occasions wanting flour. Any time she comes
to the manager she was unsuccessful. She was always asked to come the next
time. I told her to be patient for the next allocation when she would queue
like anyone else for her share. When the next time she joined the queue she
came to tell me that the storekeeper picked out certain people from the line
and served them. That at any time the selling was going on the district manager
was present to supervise. I informed her to be patient so that by the
permission of God I will get some for her. Mary Eshun came back later to say
that her business was grounding as a result of the absence of the flour. That
the current market price was ¢100 instead of ¢32. My wife was sick and Mary
Eshun helped me to look after her. One day I saw the chit which has bee</main>