THE REPUBLIC v. GYAMFI MESSACK

The accused person herein was put before this court on a charge of stealing, contrary to

section 124 (1) of the Criminal Offences Act, 1960 (Act 29). Accused pleaded not guilty to

the charge after same was read and explained to him.

From the particulars of the offence and the facts of the case as presented by the

prosecution, the following issues were set down for trial;

1. Whether or not the accused herein appropriated the goat mention in the charge

sheet;

2. Whether or not the said goat belongs to the accused;

3. Whether or not the appropriation was done dishonestly.

The facts of the case as presented by the prosecution are that, the complainant is one Hon.

Danquah Kwame age 40 years and a teacher.

The accused Gyamfi Messack age 20 years is a porter and native of Tanoso near

Nsawkaw. That on the 13th day of August, 2022, a witness in this spotted the accused with

a goat that had been slaughtered and so the witness informed the complainant herein.

That the complainant then proceeded to the said spot where he met the accused preparing

food with the goat together with his friends. That the accused on seeing the complainant

took to his heels. That the accused was later arrested by the complainant and the witness

and interrogated over the goat. That the accused could not give any tangible explanation

as to how he got the goat. That the accused mentioned one Kwaku Appiah @ Aburo as his

accomplice. The accused was charged with the offence after Police investigations.

The evidence of the prosecution in proof of the charge consisted of the testimonies of their

three (3) witnesses including the police investigator of the case.

The first prosecution witness (PW1) told the court he is Hon. Danquah Kwame and that he

is a teacher and an assemblyman. PW1 said he knows the accused and the other

prosecution witnesses. The witness said he also rear goats. That on the 13th day of August,

2022, one Baffour Joshua (PW2) saw the accused with one other person carrying a dead

goat suspected to have been stolen. PW1 said he then went with PW2 to the scene and

there they met the accused with the goat. That immediately they saw them (PW1 & PW2)

approaching, they took to their heels. PW1 said he reported the case to the police. That the

accused was later invited to the Police Station where he was arrested. PW1 value of the

goat is GH₵700.00.

The second prosecution witness (PW2) was one Baffour Joshua, a farmer and resident of

Tanoso near Nsawkaw.