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OWUSU v. THE REPUBLIC

May 23, 1972

HIGH COURT

GHANA

CORAM

  • ANTERKYI J

Areas of Law

  • Evidence Law
  • Criminal Law and Procedure

AI Generated Summary

On appeal, Anterkyi J overturned convictions of a Ghana Broadcasting Corporation revenue collector at Sunyani for four counts each of forgery and stealing tied to altered bank pay-in slips. The prosecution relied on duplicate pay-in slips (exhibits C1–4), the recollections of Ghana Commercial Bank cashiers Daniel Kwateng Focus Quartey and Samuel Nee Adukwei-Quaye, and a handwriting comparison by CID Sergeant Theophilus Kodzo Yanu Chinson, while Detective Inspector Enock Tackie tendered bank statements (exhibits D1–2). The collector explained that his assistant, John Oduro, handled deposits, and he later refunded amounts at the department’s request. The High Court held the prosecution had not proven the amounts collected or the amounts paid in by admissible evidence, rejected the bank statements and untraced originals under banker’s books and secondary-evidence rules, found intent to defraud not established, and allowed the appeal, ordering refunds and acquittal.

JUDGMENT