THE REPUBLIC v. HENRY NUERTY KORBOE

RULING

This case evokes very interesting and important legal issues for discussion.

Before the court for consideration is a Motion on Notice for Committal for perjury filed on 06/11/13by the Applicant herein (Henry Nuerty Korboe) against the Respondent herein(Caradoc Mills Lamptey). The application, according to learned Counsel for the Applicant, is premised under S.152(1)(b) of Act 30 as amended by S.16 of Act 633. That provision of law stipulates:

“152 (1) Where it appears to it that a person is guilty of perjury in a proceeding before it, the court may

(a) x x x x

(b) commit that person to prison for a term not exceeding six months with or without hard labour, or impose a fine not exceeding one hundred and fifty penalty units or impose both penalties in each case as for a contempt of court.”

Before the motion could see the light of day, learned Counsel for the Respondent has raised a preliminary legal objection to the capacity of the Applicant to institute the action. That has precipitated this Ruling.

As I set out to consider the propriety of the arguments of Counsel, I deem it useful to chronicle the facts of the substantive criminal trial, out of which the instant application has been brought.

Briefly stated, Henry Nuerty Korboe stands charged in that case with one Count of Stealing contrary to S.124(1) of the Criminal Offences Act, 1960 (Act 29) as amended. He is alleged to have dishonestly appropriated agro chemicals and implements in the value of Gh¢900,000.00 belonging to his employers, Reiss & Co. (Gh) Ltd. The Accused was the head of the Agriculture Department of the company. Among other duties, he was in charge of importation and distribution of agrochemicals and other implements belonging to the company.

It is alleged that between September, 2005 and October, 2006 Reiss & Co. imported into Ghana goods worth Gh¢1,562,295.79 and the Accused saw to the clearing of the goods from the Tema Port. He then supplied the goods to the customers of the company in Accra, Kumasi, Techiman etc. After waiting for several months and the monies were not forthcoming, the company sought the assistance of a debt collection company to collect those monies. The Accused person was tasked to assist by identifying the debtors to whom he sold the goods but it is alleged that he rather went into hiding in July, 2007 until he resurfaced in November, 2007 when he reported himself to the Police in the company of his lawyer. After investigations, he was charged wit