NOBLE ADU GYAMFI vs. THE REPUBLIC [2013]DLCA3598

Date	2013-11-21
Suit No.	CRIMINAL APPEAL NO.H2/29/2012
Citation No.	[2013]DLCA3598

APALOO J.A (PRESIDING)

ADUAMA OSEI J.A

SOWAH (MRS.) J.A

MR. SETH MENSAH DUMOGAH FOR PLAINTIFF

MRS. MARINA APPIAH OPARE (PSA) FOR THE REPUBLIC

[2013]DLCA3598
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													<main id="main" class="content" style="min-height: 60rem" >NOBLE ADU
GYAMFI<o:p></o:p>vs.<o:p></o:p>THE 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;
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CRIMINAL APPEAL NO.H2/29/2012&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;DATE: 21ST NOVEMBER, 2013<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p>MR.
SETH MENSAH DUMOGAH FOR PLAINTIFF<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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MRS.
MARINA APPIAH OPARE (PSA) 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;
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APALOO J.A (PRESIDING)
ADUAMA OSEI, J.A SOWAH (MRS.), J.A<o:p></o:p>

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

</div>SOWAH J.A.<o:p></o:p>The appellant
herein together with others alleged to be at large were committed for trial on
a bill of indictment. The bill of indictment to be found at pages 1 and 2 of
the Record of appeal is reproduced below:-<o:p></o:p>“Noble Adu Gyamfi
and others at large are charged with the following offences:<o:p></o:p>COUNT ONE<o:p></o:p>STATEMENT OF OFFENCE<o:p></o:p>Conspiracy&nbsp; to commit crime, namely murder contrary to
sections 23(1) and 46 of the Criminal Code, 1960 (Act 29).<o:p></o:p>PARTICULARS OF OFFENCE<o:p></o:p>Noble Adu Gyamfi,
driver, then aged 23 and others at large, on or about the 7th day of
August 2005 at Emef Estates/Lashibi near Tema in the Greater Accra Region of
Ghana, did act together with a common purpose to intentionally cause the death
of one Paul Feghali by unlawful harm.<o:p></o:p>COUNT TWO<o:p></o:p>STATEMENT OF OFFENCE<o:p></o:p>Murder, contrary to
section 46 of the Criminal Code, 1960 (Criminal Offences Act, 1960 Act 29)<o:p></o:p>PARTICULARS OF OFFENCE<o:p></o:p>Noble Adu Gyamfi,
driver, then aged 23 and others at large, on or about the 7th day of
August 2005 at Emef Estates/Lashibi near Tema in the Greater Accra Region of
Ghana, did intentionally cause the death of one Paul Feghali by unlawful harm.”<o:p></o:p>The appellant
pleaded not guilty to both counts.<o:p></o:p>Facts<o:p></o:p>The brief facts of the case was that on 7th August 2005 at
about 8.30am, the deceased who was a Lebanese national left his Tesano
residence to play golf at the Celebrity Golf Club at Tema. He was driving his
Nissan Murano 4X4 vehicle. That was the last time he was seen alive. His body
was discovered the next day in the bush near EMEF Estate at Lashibi. On that
same day 7th August 2005, at about 10.30 am, the appellant and an
accomplice drove the Nissan Murano vehicle to a hotel at Tema and offloaded
golf kits from the vehicle into a taxi which they brought to the hotel. The
appellant invited a car dealer PW2 to come to inspect the vehicle and buy it.
PW2 came to the hotel with a friend PW3 to inspect the vehicle but declined the
offer to sell the vehicle to him. <o:p></o:p>The appellant then drove the vehicle away and persuaded the caretaker of
an uncompleted building [PW5] to allow him to park the vehicle behind the
building. The appellant went to the vehicle early the next morning, removed the
number plates of the vehicle and threw them away but PW5 found and kept them.
The appellant went back later that day in a taxi but saw people around the
vehicle so he told the taxi to speed away. They were chased and arrested. He
took the police to his house at Sakumono village where he handed over the key
to the Nissan Murano to them. The appellant used to play golf at the club and
was a caddy for the deceased. He had been dismissed when the deceased reported
that he had been stealing his money.&nbsp; <o:p></o:p>In all, the
prosecution called nine (9) witnesses to prove its case. The appellant
testified but did not call any witness. At the end of the trial the jury returned a
verdict of guilty on both counts and the appellant was duly convicted and
sentenced to death