FRANCIS YIRENKYI v. THE REPUBLIC
2016
SUPREME COURT
CORAM
- DOTSE JSC PRESIDING
- GBADEGBE JSC
- AKOTO-BAMFO (MRS) AKAMBA JSC
- PWAMANG JSC
Areas of Law
- Criminal Law and Procedure
- Evidence Law
- Constitutional Law
2016
SUPREME COURT
CORAM
AI Generated Summary
The appellant and five others were charged with conspiracy and stealing 800 bags of sugar and sentenced to 10 years in prison. The appellant's appeals to the High Court and Court of Appeal were dismissed. The Supreme Court reviewed the evidence and found it insufficient to support the appellant's conviction, noting significant investigative shortcomings and inconsistencies in witness testimonies. The Court also stated that it would have been inconsistent to maintain the appellant's sentence when the sentences of his co-accused had been reduced based on the same evidence. The Supreme Court acquitted and discharged the appellant.
JUDGMENT
DOTSEJSC:
In his book, entitled “The Supremes Greatest Hits – The 34 Supreme Court Cases That Most Directly Affect Your Life” Michael G. Trachtman, commenced chapter 4 of the book on page 58 with the following quotation which we think is very relevant to the circumstances of this case that we would want to adapt and use. It states as follows:-
“The one place where a man ought to get a square deal is in a courtroom, be he any colour of the rainbow…” Atticus Finch,
This is an appeal by the Appellant against the unanimous decision of the Court of Appeal, dated 10th April 2014 which dismissed an earlier appeal lodged by the appellant against his conviction by the trial Circuit Court, Tema on 2 counts of conspiracy to commit crime, to wit, stealing and stealing, to the High Court. In other words, the appellant, who was tried alongside 5 other persons by the Circuit Court Tema on the 2 counts referred to supra was convicted and sentenced to a term of 10 years on each count to run concurrent, appealed against the conviction and sentence to the High Court which dismissed the said appeal with a further appeal to the Court of Appeal also being dismissed. In the scheme of things, the appeal to this court, is the third leg of the appeal which the appellant has embarked upon. It must be noted that, since the trial and conviction was in a court lower than the High Court, the appellant had to comply with article 131 (2) of the Constitution 1992 by obtaining special leave of the Supreme Court to file this appeal which was granted by the court on 5th May 2015 coram, Adinyira (Mrs), JSC presiding, Dotse, Baffoe-Bonnie, Gbadegbe and AkambaJJSC’s.
We are of the view that, considering the persistence and perseverance of the appellant in pursuing this appeal to the third level, we have decided to examine and re-examine the entire appeal record. This is because it is our belief that, it is by such a process, that the facts from the trial circuit court, and the two lower appellate courts would be analysed with a view to drawing useful lessons for the guidance of prosecutors, lawyers and judges. In this vein, we would embark upon an elaborate evaluation of the facts of this case.
FACTS OF THE CASE
The appellant herein, therein named as 5th accused and five others were arraigned before the Circuit Court Tema on the following charge sheet.
In the Municipal Circuit Court “A” Tema
The Republic
Vrs
1. No. 39353 E/C/GPL. Kingsford Nyabenyi
2. No. 39356 E/L/GPL. Jo