REPUBLIC v. ERNEST THOMPSON & OTHERS

OFOE, JA

The appellant and four others are before the High Court on 29 counts of various offences. He contends that some of the charges failed to provide detailed particulars of the offences that he will need for his defence and when he sought the intervention of the High Court to remedy the omission the High Court refused. He is aggrieved by the refusal and has appealed to this court to redress the alleged wrong committed by the trial High Court. He insists that he needed these particulars to enable him adequately defend the charges.

What are the offences for which he stands charged before the High Court? For a clearer appreciation of the opinion we are about to deliver, we will quote them in extenso.

COUNT ONE

Statement of Offence

Conspiracy to commit crime namely, Wilfully Causing Financial Loss to the State contrary to sections 23(1) and 179A (3) (a) of the Criminal Offences Act, 1960 (Act 29).

Particulars of Offence

1. Ernest Thompson 2) John Hagan Mensah 3) Juliet Hassana Kramer between September, 2013 and January 2014 in Accra in the Greater Accra Region agreed to act together with a common purpose to wilfully cause financial loss to the State.

Count Two

Statement of Offence

Wilfully Causing Financial Loss to the State contrary to section 179A (3) (a) of the Criminal Offences Act, 1960 (Act 29).

Particulars of Offence

1. Ernest Thompson 2) John Hagan Mensah 3) Juliet Hassana Kramer between September, 2013 and January, 2014 in Accra in the Greater Accra Region, wilfully caused financial loss of $28,500.00 to the State.

Count Three

Statement of Offence

Conspiracy to commit crime namely, Wilfully Causing Financial Loss to the State contrary to sections 23(1) and 179A (3) (a) of the Criminal Offences Act, 1960 (Act 29).

Particulars of Offence

1. Ernest Thompson 2) John Hagan Mensah 3) Juliet Hassana Kramer between July, 2013 and February 2014 in Accra in the Greater Accra Region agreed to act together with a common purpose to wilfully cause financial loss to the State.

Count Four

Statement of Offence

Wilfully Causing Financial Loss to the State contrary to section 179A (3) (a) of the Criminal Offences Act, 1960 (Act 29).

Particulars of Offence

1. Ernest Thompson 2) John Hagan Mensah 3) Juliet Hassana Kramer between July, 2013 and February, 2014 in Accra in the Greater Accra Region, wilfully caused financial loss of $2,292,048.23 to the State.

Count Five

Statement of Offence

Conspiracy to commit crime namely, Wilfully Causing Fin