THE REPUBLIC v. GODSWAY DZOMATSI
February 18, 2016
COURT OF APPEAL
GHANA
CORAM
- KANYOKE, JA (PRESIDING)
- ACQUAYE, JA
- DZAMEFE, JA
Areas of Law
- Criminal Law and Procedure
- Evidence Law
February 18, 2016
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This Court of Appeal judgment concerns Godsway Dzomatsi, a computer technician from Kpando, who was stopped at Wlitey on the Tadzewu–Akatsi road when Customs Division officers of the Ghana Revenue Authority searched an Opel saloon car and found a Ghana Must Go bag containing eleven slabs and a small parcel of compressed dried leaves later confirmed as cannabis sativa. Dzomatsi claimed ownership of the bag, was arrested and handed over to NACOB, and the exhibit was analyzed by the Ghana Standards Authority. Convicted in the Fast Track High Court, Accra, and sentenced to ten years, he appealed, arguing he lacked knowledge of the contents and that the conviction was against the weight of evidence. Dzamefe JA, writing for the court, held Dzomatsi had physical possession from Dzodze to Akatsi and that his failure to inquire or examine justified inferring knowledge. The court dismissed the appeal and affirmed the conviction; Kanyoke JA and Acquaye JA concurred.
DZAMEFE, JA
The appellant was charged with the offence of possessing narcotic drug without lawful authority; contrary to Section 2(1) of the Narcotic Drugs (Control, Enforcement and Sanctions) Law 1990 PNDC L236. The particulars are that the appellant on or about the 15th of March 2012 at Wlitey Customs & Excise check point near Akatsi in the Volta Region and within the jurisdiction of the High Court, did have in his possession eleven (11) slabs and a small parcel of compressed dried leaves suspected to be cannabis sativa, a narcotic drug without lawful authority.
The quantity was 9, 403 grams. Facts The facts as given by Prosecution are that the accused is a computer technician resident at Kpando in the Volta region.
On 15/03/12, officials of Customs Division of the Ghana Revenue Authority (GRA) intercepted an Opel saloon private car loaded with passengers at Wlitey on the Tadzewu-Akatsi motor road.
A search conducted in the vehicle which was travelling from Dzodze to Akatsi led to the discovery of a “Ghana Must Go” bag containing eleven(11) slabs and a small parcel of compressed dried leaves suspected to be cannabis sativa, a narcotic drug.
The accused who was one of the passengers claimed ownership of the bag.
He was arrested and handed over to the Narcotics Control Board (NACOB) for investigation.
Accused told NACOB investigators that the bag was given to him in Kpando by one Joe alias Kelli to be delivered to an unknown person at Akatsi.
Accused was escorted to Kpando but he could not assist in arresting the said Joe alias Kelli as he could not identify his house.
Enquiries in Kpando revealed that the last time Joe, who is not a native, was seen in the town was in year 2000. The exhibit substance was forwarded to the Ghana Standards Authority (GSA) for analytical examination and report.
2 THE REPUBLIC VRS. GODSWAY DZOMATSI Prosecution to make its case called three witnesses.
Messers Michael Gaogli and Jerryking Boakye, both officials of CEP and Samuel Amankwa the police investigator.
Prosecution’s case simply was that on 15th March 2012 at a custom check point at Wlitey, between Akatsi and Dzodze a taxi was stopped and inspected.
A “Ghana must go” bag was found in the booth containing 11 slabs of Indian hemp which the appellant claimed to be his.
He was arrested and he told them the bag and the contents were given him by one Joe at the Kpando lorry park to be given to someone in Akatsi.
He was handed over to Nacob and after all investig