GEORGE ABORMEGAH vs. THE REPUBLIC [2022]DLSC11667

Date	2022-04-27
Suit No.	CRIMINAL APPEAL NO. J3/01/2022
Citation No.	[2022]DLSC11667

DOTSE JSC (PRESIDING)

DORDZIE (MRS.) JSC

PROF. KOTEY JSC

LOVELACE-JOHNSON (MS.) JSC

PROF. MENSA-BONSU (MRS.) JSC

AHUMAH OCANSEY ESQ. FOR THE APPELLANT.

STELLA OHENE APPIAH (ASSISTANT STATE ATTORNEY) FOR THE RESPONDENT.

[2022]DLSC11667
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													<main id="main" class="content" style="min-height: 60rem" >GEORGE ABORMEGAH<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>[SUPREME 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 0cm 1pt;">

<p class="MsoNormalCxSpMiddle" align="center" style="margin-bottom:0cm;margin-bottom:
.0001pt;mso-add-space:auto;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">CRIMINAL APPEAL NO. J3/01/2022&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: 27TH APRIL,
2022<o:p></o:p>

</div>COUNSEL<o:p></o:p>AHUMAH
OCANSEY ESQ. FOR THE APPELLANT.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
<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;">

<p class="MsoNormal" style="margin-bottom:0cm;margin-bottom:.0001pt;text-align:
justify;line-height:115%;tab-stops:143.25pt;border:none;mso-border-bottom-alt:
solid windowtext 1.5pt;padding:0cm;mso-padding-alt:0cm 0cm 1.0pt 0cm">STELLA OHENE APPIAH (ASSISTANT STATE ATTORNEY) FOR
THE RESPONDENT.<o:p></o:p>

</div>CORAM&nbsp; <o:p></o:p>DOTSE JSC
(PRESIDING), DORDZIE (MRS.) JSC, PROF. KOTEY JSC, LOVELACE-JOHNSON (MS.) JSC,
PROF. MENSA-BONSU (MRS.) JSC<o:p></o:p><div style="border-top-width: 1.5pt; border-top-color: windowtext; border-left: none; border-bottom-width: 1.5pt; border-bottom-color: windowtext; border-right: none; padding: 1pt 0cm;">

<p class="MsoNormal" align="center" style="margin-bottom:0cm;margin-bottom:.0001pt;
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;PROF. MENSA-BONSU (MRS.) JSC:-<o:p></o:p>This case arose because two young men who chose
friendship with one another, which choice turned out to be unwise, ended up with
prison terms, having been accused of committing a heinous crime. They “loved
but not too wisely.”<o:p></o:p>BACKGROUND
AND FACTS<o:p></o:p>The 1st accused, Charles Modzaka, was
employed as a driver by a company known as ‘Phase Two Consultants and Contracts
Limited’ (hereinafter referred to simply as Phase Two) at Adenta near Madina in
Accra. This company was owned by one David Ararat Tetteh, who also doubled as
the Technical Director of the company. The 2ndaccused (and appellant
herein), George Abormegah (also spelt Abomagah during the trial at the High
Court) was a welder and friend of the 1staccused. They both
inhabited the same compound house – the 2ndaccused (now appellant)
as a tenant, and the 1staccused, as a guest of his cousin who was
co-tenant to 2ndaccused.<o:p></o:p>The 1st accused was employed at Phase
Two on probation for six months. He was, however, discharged after two-and-a-half
months on the job, for unsatisfactory service. It transpired that at some
point, the 1st accused was asked by his cousin to move out of the
room he shared with him because he intended to get married. Homeless and
jobless, but in possession of a vehicle – a red Ford Escort vehicle - the 1st
accused began to use it as a sleeping place, though his personal effects remained
in the room of his cousin. His homelessness and joblessness seemed to have had some
connection with his urgent need for money, for that led to the commission of
the offence with his associate, for which they were tried, convicted and
sentenced to prison.<o:p></o:p>On Sunday, 19th February, 2006,at about
7 a.m., the 1st accused together with 2nd accused, drove
in the Ford Escort car to the premises of the Company. They managed to enter
the premises, carry six computers and accessories out of the office, pack them
into the vehicle and drive off. All of these activities on the premises, took
place despite the supposed presence of a security man who was resident on the
premises. A witness at the trial, Juliana Brown (PW1), also an employee of the
company and niece of the owner, went to the premises around 9 a.m., as she
normally did, to switch off lights and air conditioners. She saw the caretaker
lying on the floor. Thinking he might be drunk or needing help she raised an alarm,
and it was when help came that it was discovered that the security man was lying
dead in a pool of blood. She then looked around and saw six computers and accessories
were missing from the office. A report was consequently made to the Police.<o:p></o:p>The Technical Director and owner of the company,
David Ararat Tetteh, who was then at church, was informed of what had happened
at his company premises that morning by PW1 and an accompanying policeman. He
rushed to the premises to find the security man, Asare Larbi Bruce, lying in a
pool of blood, and still bleeding from a nasty wound at the back of his head. A
neighbor, the queen-mother of Adenta, informed him that she saw a vehicle that
visited the premises earlier that morning, and that those people might have committed
the crime. She narrated to him that a red vehicle came to park in front of her
house. Believing the occupants of the vehicle, who were three in number, had
come to see her, she waited to receive them. However, it turned out she was
wrong, for her house was not the destination. The vehicle remained parked for a
few minutes, and then one of the occupants of the vehicle got out and walked to
the premises of Phase Two. He returned to the car after about ten minutes and
an attempt was made to move the vehicle. It would not start, and so it had to
be pushed, obviously by the occupants, till it started and was then moved to
the frontage of Phase Two. These facts are important because the length of time
the vehicle stayed parked in front of the queen-mother’s house gave her the
opportunity to observe it closely. She gave a vivid description of the vehicle,
as well as at least one of the occupants, i.e. the one who got out of the
vehicle and went into the office premises. The description she gave fitted the 1st
accused who had previously worked with the company, and so the information was
given to the police. Relying on that information, the police arrested Charles
Modzaka, the 1st accused and later George Abormegah, the 2nd
accused (now appellant). There was no evidence of who the third occupant may
have been.<o:p></o:p>