THE REPUBLIC vs. BRIGHT OFORI QUAYE, FRANCOIS ADJETTEY SOWAH AND PATRICK OSSOM [2020]DLHC10135

Date	2020-03-15
Suit No.	CASE NO. CR 237/2019
Citation No.	[2020]DLHC10135

JUSTICE GEORGE BUADI J.

DORCAS FELLI (MRS) STATE ATTORNEY FOR THE REPUBLIC

FREEMAN KWAME NDOR FOR A1

JEFFREY OSEI-MENSAH A2.

MICHAEL AKAMBEK FOR A3.

[2020]DLHC10135
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													<main id="main" class="content" style="min-height: 60rem" >THE REPUBLIC<o:p></o:p>vs.<o:p></o:p>BRIGHT OFORI QUAYE, FRANCOIS ADJETTEY
SOWAH AND PATRICK OSSOM<o:p></o:p>[HIGH COURT, ACCRA]<o:p></o:p><div style="border-top: none; border-right: none; border-left: none; border-image: initial; border-bottom-width: 1.5pt; border-bottom-color: windowtext; padding: 0cm;">

CASE NO. CR
237/2019&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:
15TH MAY 2020<o:p></o:p>

</div>COUNSEL:<o:p></o:p>DORCAS
FELLI (MRS) STATE ATTORNEY FOR THE REPUBLIC.<o:p></o:p>FREEMAN
KWAME NDOR FOR A1.<o:p></o:p>JEFFREY
OSEI-MENSAH A2.<o:p></o:p><div style="border-top: none; border-right: none; border-left: none; border-image: initial; border-bottom-width: 1.5pt; border-bottom-color: windowtext; padding: 0cm 0cm 1pt;">

MICHAEL
AKAMBEK FOR A3.<o:p></o:p>

<p class="MsoNormal" align="center" style="text-align:center;line-height:115%;
border:none;mso-border-top-alt:solid windowtext 1.5pt;mso-border-bottom-alt:
solid windowtext 1.5pt;padding:0cm;mso-padding-alt:1.0pt 0cm 1.0pt 0cm">JUDGMENT<o:p></o:p>

</div>&nbsp;1.0&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Background<o:p></o:p>1.1&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Judgment in this suit was scheduled for
delivery on 30 March 2020. It could not be delivered. The parties and the
lawyers failed to attend court. This is due to the restrictive order that the
President of the Republic issued as part of measures in addressing the
Coronavirus pandemic. Subject to a few exemptions, the executive order affected
and restricted the movement of persons and residents within the Greater Accra
metropolis, certainly including the parties and their lawyers in the matter who
as a result did not turn up in court, though the court was ready.<a href="file:///C:/Users/aggie/Desktop/2020-21/Criminal/Rep%20v%20Bright%20Ofori%20Quaye%20&amp;amp;%202%20Ors%20(2021_01_25%2010_26_20%20UTC).docx#_ftn1" name="_ftnref1" title="">[1]</a>
Despite the absence of the parties and their lawyers, the lawyers kept contact
with the court clerks and agreed with the clerk to reschedule delivery of the judgment
to 11 May 2020. At the scheduled date, A1
was absent in court, though it was confirmed that he was in court earlier.
The suit was adjourned to 14 May 2020. The court ordered for warrant for his
arrest. On 14 May, A1 was once again absent in court ostensibly on grounds of
illhealth. Counsel for A1 caused the suit to be adjourned to the next day, that
is today, 15 May 2020.<o:p></o:p>&nbsp;1.2&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The three accused persons have each been charged
with six counts of criminal offence – three counts of conspiracy to commit a crime,
namely defrauding by false pretenses contrary to s. 23(1) and s.131 of the
Criminal Offences Act (Act 29); two counts of defrauding by false pretenses
contrary to s.131 of Act 29, id;
and one count of stealing contrary to s.124 of Act 29. The particulars
of the offences, for Count 1 - conspiracy to commit a crime, namely defrauding
by false pretenses - are that the named accused persons “on or about 1st
of April, 2016 at Teshie, Accra with intent to defraud, agreed to act together by
obtaining the consent of Geoffrey Mawuli Biekro, to part with cash the sum of
[GH¢270,000] by means of false representation”; that is, if the said money was
paid to Francis Adjetey Sowah (A2), he could sell and transfer title of two
plots of land at Okpoi Gonno to the complainant, a statement the accused
persons knew to be false at the time they made it to the complainant.<a href="file:///C:/Users/aggie/Desktop/2020-21/Criminal/Rep%20v%20Bright%20Ofori%20Quaye%20&amp;amp;%202%20Ors%20(2021_01_25%2010_26_20%20UTC).docx#_ftn2" name="_ftnref2" title="">[2]</a>
<o:p></o:p>&nbsp;1.3&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Concerning Counts 2 and 3 - conspiracy, and
defrauding by false pretence, the particulars of the offences are that the
accused persons “in and around … March 2016 at Okpoi-Gonno in the Greater Accra
Region together with one Kwadwo Ansah-Okohene now deceased with intent to
defraud agreed to act together by obtaining the consent of Geoffrey Mawuli
Biekro to part with [an amount of GH¢200,000] by means of false representation”,
namely that, if the said money was paid to Kwadwo Ansah-Okohene (KAO), he could
sell and transfer title of two plots of land at Okpoi Gonno to him, a statement
the accused persons knew to be false at the time of making it. <o:p></o:p>&nbsp;1.4&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The charge of Count 4 is ‘stealing’, The
particulars of the charge are that the accused persons “in and around May 2016
at Okpoi-Gonno in the Greater Accra Region, did dishonestly appropriate [an
amount of GH¢70,000] belonging to Geoffrey Mawuli Biekro”. Counts 5 and 6 of
the charges concern conspiracy and defrauding by false pretense. The
particulars are that the accused persons “in and around May 2016 at Okpoi-Gonno
in the Greater Accra Region together with one Kwadwo Ansah-Okohene now deceased
agreed to act together and with intent to defraud did obtain the consent of
Geoffrey Mawuli Biekro to part with [an amount of GH¢300,000] by false
representation” namely that if the said amount was paid to KAO, he (KAO) could
sell and transfer title of four (4) plots of land at Okpoi Gonno to PW2 a
statement the accused persons knew to be false at the time of making it. <o:p></o:p>&nbsp;2.0&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The
police fact sheet<o:p></o:p>2.1&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; I deem it proper to remark here that facts
recited by the police in factsheets that accompany charge sheets are not
evidence; they do not form part of the evidence in court. However, they are
background mirror to the understanding and appreciation of the charge and the
case in general, for the court and the accused in particular. To this end, I
deem it fit to recount the facts as per the fact sheet. The facts are that the
complainant who testified in court as PW2 is a retired senior naval officer and
lives at Cantonments Accra. The accused persons - Bright Ofori Quaye (A1), Francis
Adjetey Sowah (A2), and Patrick Ossom (A3) are a building Technician, a Draughtsman,
and an Estate Agent respectively. Kwadwo Ansah-Okohene (KAO) was initially
charged together with the accused persons but died at the hospital during
police investigations into the matter. The charge sheet was as a result amended
to drop him (KAO) from the suit. <o:p></o:p>&nbsp;</</main>