THE REPUBLIC vs. NICHOLAS OSEI & 13 OTHERS [2015]DLHC8255

Date	2015-07-16
Suit No.	COURT CASE NO. D7/7/14
Citation No.	[2015]DLHC8255

HIS LORDSHIP MR. JACOB B. BOON

EMMANUEL OTOO BOISON FOR THE PROSECUTION

WILLIAM KUSI FOR THE 1ST TO 13TH ACCUSED PERSONS

VINCENT AIKINS FOR THE 14TH ACCUSED PERSON

[2015]DLHC8255
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													<main id="main" class="content" style="min-height: 60rem" >THE REPUBLIC<o:p></o:p>vs.<o:p></o:p>NICHOLAS OSEI &amp; 13 OTHERS<o:p></o:p>[HIGH
COURT, KUMASI]<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">

COURT
CASE NO. D7/7/14&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; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; DATE:
16TH JULY, 2015<o:p></o:p>

</div>COUNSEL:<o:p></o:p>EMMANUEL
OTOO BOISON FOR THE PROSECUTION<o:p></o:p>WILLIAM
KUSI FOR THE 1ST TO 13TH ACCUSED PERSONS<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">

VINCENT
AIKINS FOR THE 14TH ACCUSED PERSON<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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HIS LORDSHIP MR. JACOB B. BOON<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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<p class="MsoNormal" align="center" style="margin-bottom:0cm;margin-bottom:.0001pt;
text-align:center;line-height:115%;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0cm;mso-padding-alt:0cm 0cm 1.0pt 0cm">RULING<o:p></o:p>

</div>The
first thirteen accused persons herein were charged on two counts with
conspiracy to commit offence namely, stealing and stealing contrary to sections
23(1) and 124(1) respectively of the Criminal and Other Offences Act, 1960 (Act
29). The fourteenth accused person, one Kassim Adam was charged on a count of
abetment of stealing contrary to sections 20(1) of Act 29 already referred to.<o:p></o:p><o:p>&nbsp;</o:p>All
the accused persons are workers of Oweri Mines at Konongo. It is alleged that
between October and November 2013, A1-A13 pilfered gold concentrates of their
employer, particularly at night, and A14, who is the Security Manager of the
mines company facilitated the criminal conduct of the other accused persons. It
was further alleged the theft of the gold concentrates was detected on 16/12/13
by the Project Manager of the Mines who then lodged an official report the
following day with the Konongo Divisional Police Station. After investigations,
the accused persons were charged and arraigned before this Court. The accused
persons pleaded not guilty to the charges levelled against them where upon the
prosecution called six witnesses in an effort to establish the charges. At the
end of the case of the prosecution, the lawyers for the accused persons opted
to put up submissions of no case against their clients for which purpose they
filed written submissions. I have carefully studied the written submissions and
I cannot but agree with them that at the end of the prosecution’s case, it
failed to establish a prima facie case of the charges against the accused
persons to compel the court to call on them to open their defence.<o:p></o:p><o:p>&nbsp;</o:p>Indeed,
the evidence of the last witness for the prosecution, Detective Inspector
Thomas Obour of Konongo Divisional CID who testified as the sixth witness,
(PW6), and who was the original Investigator of the allegations against the
accused persons, was what, in my opinion, collapsed the case of the prosecution
even against a few of the accused persons, who before his testimony, appeared
to have been implicated in the alleged crime. &nbsp;Perhaps, the prosecution’s case was better off
without his testimony.&nbsp; <o:p></o:p><o:p>&nbsp;</o:p>According
to him when the crime was reported he and the Konongo Divisional Crime Officer
visited the Mines. There, they met the Project Director of the Mines and he
directed A14 to take them to where the crime was allegedly committed. They were
taken to a spot and shown three leach tanks which contained gold concentrates.
A14 was said to have pointed to one of the tanks and alleged the stolen
concentrates came from that tank. However, when he was cross-examined, he said from
their observation, they saw no sign of a crime committed at the scene as shown
to them. In response to a question by Mr. William Kusi, Counsel for A1 – A13,
he said he did not know why the accused persons were brought to this court and
why they were charged. But his answers to the last two questions asked him by
Mr. Vincent Aikins for A14 were even more revealing. The questions and answers
were as follows:<o:p></o:p><o:p>&nbsp;</o:p>Q.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The crime was committed in 2013?<o:p></o:p>A.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Yes.<o:p></o:p>Q.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Why was the matter not dealt with since
then till now?<o:p></o:p>