NO. 35261 G/CPL. DAVID KOOMSON v. THE REPUBLIC
2015
COURT OF APPEAL
GHANA
CORAM
- S.E.KANYOKE, J.A. (PRESIDING)
- F.G. KORBIEH, J.A.
- CECILIA H. SOWAH (MRS.), J.A
Areas of Law
- Criminal Law and Procedure
- Evidence Law
2015
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The appellant, a police officer convicted of robbery and conspiracy, appealed on grounds that challenged the trial court's assessment of evidence and procedural integrity. The appellate court found no substance in the appeal, validating the trial court's decision by emphasizing the cumulative weight of circumstantial evidence used to convict the appellant despite the alleged inconsistencies. The appeal was dismissed in its entirety, affirming the conviction.
F.G. KORBIEH, J.A.
The appellant herein was at all material times a police officer. He and some other people were arraigned before the High Court in Accra and charged with two offences, namely:
i. Conspiracy to commit crime, to wit robbery, contrary to sections 23(1) and 149 of Act 29; and
ii. Robbery, contrary to section 149 of Act 29.
Only the appellant and 2nd accused persons were present in court; the 3rd, 4th and 5th accused persons were at large. The appellant and 2nd accused each pleaded not guilty to both counts. A summary of the facts given by the prosecution to support the charges is as follows: the complainant is a Belgian national resident in the U.S.A. On the 19/3/2010 between 11.00 am and 12.00 noon, two men, who had promised the complainant that they could get him gold, took him in a taxi from his hotel room at the Fiesta Royale Hotel to go and show him their gold refinery. On reaching a spot near the Achimota Forest, the taxi was intercepted by a black VW Golf car with registration no. AS 3115 T carrying the appellant and 2nd accused and one other person who was at large. The appellant and the others handcuffed the complainant, beat him up and took him to a place where they robbed him of US$5000.00, GHC700.00, a gold watch valued at US$25,000.00 and a mobile phone valued at US$1000.00 after which they abandoned him at the spot. A taxi driver later drove the complainant to Peace FM radio station where an announcement was made about the robbery. The 2nd accused was later arrested whilst driving the same VW Golf car but with registration no. GR 8122 X. He mentioned the appellant and the 4th accused as his accomplices. The appellant was therefore arrested. Upon being tried together with the 2nd accused, the appellant and the 2nd accused were each convicted of both offences and sentenced to three years IHL and ten years IHL respectively. It is this judgment and conviction that the appellant has appealed against on the following grounds:
1. The conviction was wrong in law having regard to the evidence adduced at the trial.
2. The trial judge erred in his judgment by convicting the appellant because he failed to make proper findings of fact.
3. The trial judge erred in his judgment by convicting the appellant because he failed to adequately consider the defence of the appellant.
4. The trial judge erred in law by relying on the unsworn caution statement of a co-accused, i.e. the 2nd accused to the police investigator to convict the app