Ex-convict loses appeal

Accra, April 19, GNA - An Accra Regional Tribunal has dismissed an appeal filed by an ex-convict of the Nsawam Medium Security Prison praying the court to reverse its decision that he should serve a second term of imprisonment of four years in hard labour. John Selasie Nutsugah had served a first term of six years in prison in hard labour for a different offence. The appeal was in respect of misunderstanding over the two sentences running concurrently.

In the second case, the convict was on May 9, 2005 charged with forgery, issuing of false cheque and stealing and convicted for four years.

There had been a misunderstanding between the ex-convict and prison officers on the legal interpretation of the sentences running consecutively or concurrently. Among other rulings in the judgement delivered earlier, Mr Justice Frank Manu, Chairman of the Accra Regional Tribunal, noted that the prosecution had proved its case against the accused person on all the counts.

The tribunal accordingly found Nutsugah guilty on all the charges and sentenced him to four years' imprisonment on counts one and four. He was found guilty on counts two, three and five and sentenced to 10 months' imprisonment in hard labour. The tribunal added that the "sentences are to run concurrently". The tribunal stated that it was dealing with Nutsugah leniently, because he was already serving six years sentence in a different case.

Nutsugah, an ex-prisoner, who was not represented by counsel but filed his own motion with an affidavit, noted that he was charged before the tribunal and sentenced to four years' imprisonment in hard labour. The plaintiff said at the time of his sentence, he was a convict serving six years term in prison on a different case.

He contended that in sentencing him, the trial judge took into consideration his custodial sentence, and had said in open court that the four-year-term was to run with his sentence of six years. "There has been a serious miscomprehension over the issue of the sentences running concurrently, while the applicant has now finished serving his jail term from the Nsawam Medium Security Prison." Nutsugah expressed the hope that the Regional Tribunal, being a Superior Court of judicature, with appellant jurisdiction over the trial of the Circuit Tribunal, would execute its powers judiciously in appeal as prescribed in the courts Act and the Criminal Procedure Code, especially its Section 330.

In her reply, Mrs Evelyn Keelson from the Attorney General's Department argued that where there was a conflict as to a sentence running concurrently, it was a fact of law that a convict served the first sentence before continuing with the second sentence.

Mrs Keelson who appeared for the Republic said this was purely a matter of the judge exercising his discretion and that there was nowhere in the judgement was it stated that the first sentence should run concurrently with the second sentence.

She reminded the applicant that the 10 months in the first sentence was rather to run concurrently with the four years sentence. According to her, there was no way therefore, that issues in the first sentence should be misconstrued to mean issues in the second sentence.