DSP PATRICK KWAPONG (APPELLANT) vs. THE REPUBLIC (RESPONDENT) [2013]DLHC7406

Date	2013-06-20
Suit No.	SUIT NO. BCRA 31/2013
Citation No.	[2013]DLHC7406

HIS LORDSHIP C. A. WILSON HIGH COURT JUDGE.

ABIA DUKER FOR 1ST APPELLANT.

G.H. QUEST FOR 4TH APPELLANT.

[2013]DLHC7406
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													<main id="main" class="content" style="min-height: 60rem" >DSP PATRICK KWAPONG<o:p></o:p>(APPELLANT)<o:p></o:p>vs.<o:p></o:p>THE REPUBLIC<o:p></o:p>(RESPONDENT)<o:p></o:p>[HIGH COURT, 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">

</div>COUNSEL: <o:p></o:p>ABIA
DUKER FOR 1ST 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">

G.H. QUEST FOR 4TH 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 1.0pt 0in">

HIS LORDSHIP C. A. WILSON, HIGH COURT
JUDGE.<o:p></o:p>

</div>The
appellants DSP Patrick Kwapong and Cpl. Lawrence Dennis Quansah hereinafter to
be referred to as the 1st and 4th appellants were jointly charged in the
Circuit Court 1 Cocoa Affairs presided over by Judge Iddrisu Mahamadu. <o:p></o:p>The
offences which they were charged were as follows:— <o:p></o:p>On
the first count they were charged with Conspiracy to commit crime namely
robbery. <o:p></o:p>On
the second count the 4th appellant was charged with Robbery: contrary to
section 149 of Act 29/60. <o:p></o:p>Before
the trial the appellants were on both counts jointly and together charged with
four other persons, these are C/Insp. Thomas Adu, Sgt John Agyepong, L/Cpl
Karim Muntari, Constable Benjamin Blejumah, AMS Amanor, Kwasi Tawiah, Peter
Kwame Gyasi, Bismark Ampofo and Jeffrey alias Kay. <o:p></o:p>The
accused persons were convicted and sentenced to a term of 20 years each. <o:p></o:p>BACKGROUND
<o:p></o:p>The
facts which leads to the convictions of the appellants were briefly as
follows:— <o:p></o:p>PW1,
the complainant, Kweku Duah is a Ghanaian resident in Switzerland. In the
latter part of 2008, the complainant discussed with the complainant the
possibility of coming down to Ghana to buy gold. The complainant told the
complainant that, he could assist him to buy the gold in Ghana. The complainant
told the complainant that, he could assist him to buy the gold in Ghana.
Consequently the complainant (PW1) arrived in Ghana on 1st February 2009 and
lodged at Relax Hotel at Dzorwulu in Accra and got in touch with the
complainant who in turn informed A9, A10, A11 and A12 who was to supply the
complainant with the gold. <o:p></o:p>On
the 2nd February, 2009 at about 10:00 am, the appellant together with the A12
(Jeffery alias Kay) who was armed with a pistol, A10 and one Nigerian, went to
the hotel of the complainant under the guise of transacting the gold business
already arraigned. While in the hotel room, the 8th accused person locked the
door and took the keys away. In his absence, A12 pointed a pistol at the
complainant. <o:p></o:p>The
complainant (PW1) disarmed him and fled through the window; outside, he met
some of the accused persons. He was assaulted by A12 and others who removed
monies from his pockets; others also ransacked his hotel room and looted some
of his personal properties. They bundled him into a Blue-Black Benz saloon car
and took him to Tesano Police depot where they met the 1st appellant DSP
Kwapong. <o:p></o:p>The
1st appellant interrogated him for sometime and demanded an amount of
$30,000.00 from him. The complainant informed him that all the monies he had on
him had been taken by Chief Inspector Adu and his colleagues when they
assaulted him at the Relax Hotel. The complainant implored him that to take him
to his friend Ams Amanor at Tema since he did not have any money on him. <o:p></o:p>1st
appellant DSP Kwapong, Chief Inspector Adu, Cpl Lawrence Quansah and Sgt. John
Adjapong driving, took the complainant to Tema as he had requested. After a
while in Tema, Ams Amanor drove the complainant back to the Relax Hotel. The
following day, he made a report to the police and the accused persons were
arrested. Investigations showed that there were two groups of policemen who
went to the Relax Hotel. One group was led by Chief Inspector Thomas Adu and
the other by L. Cpl Karim Muntari. Both of them upon interrogations disclosed
that, there were several phones calls between A1, A2, A3, A4, A6, A10 and A1
before, during and after the commission of the crime. <o:p></o:p>The
appellants were convicted by the Circuit Court, Accra on 17th November 2009 by
his Lordship Iddrisu Mahamadu J (sitting as an additional Circuit Court Judge)
</main>