LINDA EDZIDOR AND JOSHUA EDZIDOR vs. REPUBLIC [2013]DLCA8101

Date	2013-10-24
Suit No.	CRIMINAL APPEAL: NO. H2/22/2012
Citation No.	[2013]DLCA8101

KANYOKE J.A (PRESIDING)

OWUSU (MS) J.A

SOWAH (MRS) J.A

MR. AUGUSTINE OBOUR FOR THE APPELLANT

MISS COMFORT TASIAME (SSA)

[2013]DLCA8101
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													<main id="main" class="content" style="min-height: 60rem" >LINDA EDZIDOR
AND JOSHUA EDZIDOR<o:p></o:p>(APPELLANTS)<o:p></o:p>vs.<o:p></o:p>REPUBLIC<o:p></o:p>(RESPONDENT)<o:p></o:p><o:p>&nbsp;</o:p>[COURT OF APPEAL,
ACCRA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

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; DATE: 24TH
OCTOBER, 2013<o:p></o:p>

</div>COUNSEL:<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:0cm 0cm 1.0pt 0cm">

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

</div><span lang="EN-US" style="mso-bidi-font-size:
12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,serif;mso-fareast-font-family:
&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;">CORAM:<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

KANYOKE
J.A (PRESIDING), OWUSU (MS) 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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</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.