LINDA EDZIDOR AND JOSHUA EDZIDOR vs. REPUBLIC [2013]DLCA3597

Date	2013-10-24
Suit No.	CRIMINAL APPEAL NO.H2/22/2012
Citation No.	[2013]DLCA3597

KANYOKE J.A (PRESIDING)

OWUSU J.A

SOWAH (MRS) J.A

MR. AUGUSTINE OBOUR FOR THE APPELLANT

MISS COMFORT TASIAME (SSA)

[2013]DLCA3597
																																						<div class="restriction-wrapper">
														<div class="container-lg">
															<div class="row">
																<div class="col-md-12 restricted-content">
																	<div class="restricted-content-img-wrapper">
																		<div class="lock-icon bounce-7">
																			<img class=""
																				src="https://www.dennislawgh.com/dl-assets/dl-images/lock-content.png"
																				alt="Subscription based content">
																		</div>
																	</div>
																	 
																		<a href="https://www.dennislawgh.com/login"
																		class="btn btn-primary btn-lg"
																		style="font-family: 'open sans'; text-transform: capitalize; border-radius: 8px"> 
																		Login to Read Full Case </a>
																	 
																	
																</div>
															</div>
														</div>
													</div>
													<main id="main" class="content" style="min-height: 60rem" >LINDA
EDZIDOR AND JOSHUA EDZIDOR<o:p></o:p>vs.<o:p></o:p>REPUBLIC<o:p></o:p>&nbsp;[COURT OF APPEAL, ACCRA]<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">

CRIMINAL APPEAL NO.H2/22/2012&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;&nbsp;&nbsp;DATE: 24TH OCTOBER,
2013<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p>MR.
AUGUSTINE OBOUR FOR THE APPELLANT<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">

MISS
COMFORT TASIAME (SSA)<o:p></o:p>

</div>CORAM: <o:p></o:p>KANYOKE J.A (PRESIDING) OWUSU, J.A SOWAH (MRS), J.A<o:p></o:p><div style="mso-element:para-border-div;border-top:solid windowtext 1.5pt;
border-left:none;border-bottom:solid windowtext 1.5pt;border-right:none;
padding:1.0pt 0in 1.0pt 0in">

<p class="MsoNormal" align="center" style="margin-bottom:0in;margin-bottom:.0001pt;
text-align:center;border:none;mso-border-top-alt:solid windowtext 1.5pt;
mso-border-bottom-alt:solid windowtext 1.5pt;padding:0in;mso-padding-alt:1.0pt 0in 1.0pt 0in">JUDGEMENT<o:p></o:p>

</div>SOWAH, J.A.<o:p></o:p>The appellants herein are a wife and her husband. The 1st
appellant was a teller at an Accra branch of Ecobank and was arraigned before
the High Court (Land/Financial Division) on 94 counts with stealing contrary to
section 124(1) of the Criminal and other Offences Act, 1960 Criminal Offences
Act, 1960 Act 29. The particulars of offences indicated that between 17th
May 2010 and 20th October 2010, she had dishonestly appropriated
various amounts of money from the accounts of three customers of the bank. The
three customers had drawn the Banks attention to some strange withdrawals from
their accounts without their knowledge and investigations conducted by the
banks audit team had revealed that between May and October 2010, the 1st
appellant had almost on a daily basis debited various sums of money from those
accounts. The total amount alleged to have been stolen by the 1st
appellant, and dishonestly received by the 2nd appellant was GH713,
896.00. The 2nd appellant was charged on 3 counts with Abetment of
offence, namely stealing, contrary to sections 20(1) and 124(1) of the Criminal
and other Offences Act 1960, Act 29, and one count with Dishonestly Receiving
contrary to section 146 of the Criminal and other Offences Act, 1960 Act 29. &nbsp;He was alleged to have encouraged and
facilitated the withdrawals by receiving the monies and using some of it to
acquire properties including 6 cars, as and when the monies came. Part of the
money was alleged to have been lodged in the Ecobank account of a company
“Strong Foundation Ltd” which was operated by the 2nd appellant.<o:p></o:p>The appellants pleaded not guilty to all counts, were tried, found
guilty and convicted on 31st October 2011. They were each sentenced
to 25 years IHL on each count to run concurrently.<o:p></o:p>Dissatisfied with both conviction and sentence,
the appellants have appealed to this court. The Notice of appeal which was
filed on 16th November 2011 contained three grounds of appeal which
were all abandoned in the written submissions by counsel for the appellants in
favour of the additional grounds of appeal filed on 24th May 2012.
These are:<o:p></o:p>1.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
That the trial judge erred when he admitted
exhibit K into evidence.<o:p></o:p>2.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
The trial judge erred when he compelled 1st
appellant to testify in the absence of her counsel<o:p></o:p>3.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
There was no case established against the
appellants at the close of the case for the prosecution.<o:p></o:p>4.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
The trial judge erred when he rejected Exhibit R2,
R3, R4 and R5.<o:p></o:p>5.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
The prosecution failed to prove its case beyond
reasonable doubt.<o:p></o:p>6.