NOBLE ADU GYAMFI v. THE REPUBLIC
2013
COURT OF APPEAL
GHANA
CORAM
- APALOO J.A (PRESIDING)
- ADUAMA OSEI, J.A
- SOWAH (MRS.), J.A
Areas of Law
- Criminal Law and Procedure
- Evidence Law
2013
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
Noble Adu Gyamfi appealed his conviction and death sentence for conspiracy to commit murder and murder of Paul Feghali. The prosecution's case was largely circumstantial. The Court of Appeal found that the evidence for conspiracy was insufficient and acquitted Gyamfi on that charge. However, the court found the evidence for murder sufficient and upheld the conviction and sentence. The Court emphasized the principles of circumstantial evidence and the burden of proof resting on the prosecution throughout the criminal trial.
SOWAH J.A.
The appellant herein together with others alleged to be at large were committed for trial on a bill of indictment. The bill of indictment to be found at pages 1 and 2 of the Record of appeal is reproduced below:-
“Noble Adu Gyamfi and others at large are charged with the following offences:
COUNT ONE
STATEMENT OF OFFENCE
Conspiracy to commit crime, namely murder contrary to sections 23(1) and 46 of the Criminal Code, 1960 (Act 29).
PARTICULARS OF OFFENCE
Noble Adu Gyamfi, driver, then aged 23 and others at large, on or about the 7th day of August 2005 at Emef Estates/Lashibi near Tema in the Greater Accra Region of Ghana, did act together with a common purpose to intentionally cause the death of one Paul Feghali by unlawful harm.
COUNT TWO
STATEMENT OF OFFENCE
Murder, contrary to section 46 of the Criminal Code, 1960 (Criminal Offences Act, 1960 Act 29)
PARTICULARS OF OFFENCE
Noble Adu Gyamfi, driver, then aged 23 and others at large, on or about the 7th day of August 2005 at Emef Estates/Lashibi near Tema in the Greater Accra Region of Ghana, did intentionally cause the death of one Paul Feghali by unlawful harm.”
The appellant pleaded not guilty to both counts.
Facts
The brief facts of the case was that on 7th August 2005 at about 8.30am, the deceased who was a Lebanese national left his Tesano residence to play golf at the Celebrity Golf Club at Tema. He was driving his Nissan Murano 4X4 vehicle. That was the last time he was seen alive. His body was discovered the next day in the bush near EMEF Estate at Lashibi. On that same day 7th August 2005, at about 10.30 am, the appellant and an accomplice drove the Nissan Murano vehicle to a hotel at Tema and offloaded golf kits from the
vehicle into a taxi which they brought to the hotel. The appellant invited a car dealer PW2 to come to inspect the vehicle and buy it. PW2 came to the hotel with a friend PW3 to inspect the vehicle but declined the offer to sell the vehicle to him.
The appellant then drove the vehicle away and persuaded the caretaker of an uncompleted building [PW5] to allow him to park the vehicle behind the building. The appellant went to the vehicle early the next morning, removed the number plates of the vehicle and threw them away but PW5 found and kept them. The appellant went back later that day in a taxi but saw people around the vehicle so he told the taxi to speed away. They were chased and arrested. He took the police to his house at Sakumono village whe