Daisy A. Venn v S (SC CR APP 2 of 1977) [1977] SLSC 12 (14 December 1977)

BY nf HE Suprcutionr or sree veove 26 ‘i POT. He_ APP.NO.2/77

q DATSY A, Yew - spprutayt ve. q ‘THE STATE lt RESPORnreT ; NsDs TRIANACOLE, ESQ. RoR THR APPELAAWT | DR. BANKOLY THOMPSON FOR THE RESPONnENT ¥ CORAM: = | Hon. Chief Justice c.0.5, cols “= Prentding | Hon. Mr.Justicn E.Ltvescy Like - Juntios at tha | Supreme Goure | Mon. Mr. Justice CA, Harding - Justice at one i Supreme Court } Hon. Mr. Justice K.2.0, During = Justice of appeal

b Hon. Mr. Justice PLA. Short = suntice of appoal a iH fi Jupasent peiveren te 14’ bar or Detember y977- ] COLE, G.Js1~ Learned Counsel for the appellant in opening | thie append, submitted that the pith and marrow of this apsoat | rest on the anavers to be given to four questions of creat | constitutional legal importance, nahe:y1_ (4) whether the word "State" is synonymous 4 with the vord "Government*; sb (14) whether at the material time of the alleged \. offences the appellant was a public officer under 1 Section 99 of the Constitution of Storr Laon, Hf 1971 (Act No. 6 of 1971) and, 4¢ 90, whether in law q ; ‘she can be regarded as an employes of "tho Stace" i 49 dietinct from an employae of "the Government" t of Storra Leones i (444) wheter tt te correct to nota that ahe wan * i 4 clerk or servant of the State ot Storms rane 1: find whether the vouchers in question, namely, j Brhibite C, D&E were the zroperty of at thes the | State of Storea Leone or tho Goveranent np : Sierra Leones and Hf PF teeeenef2)

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(iv) whether the Court of Arpeal ves right in holding that ns fron the 19th April 1971 and dy virtue of the Constitution (Conseauantin! Provisions) Act 1971 (Act vo. 9 of 1971) extatine note, Liabilitins and oMigations were acts, Uabiiities and obligations of the State on ‘the date of conviction. . The facts of the case are not in dispute. I vill state them, as suceintly as I possibly can. ‘The appellant vas convicted on the 29th day of Angont 7 1975 on an indictment presented to the High Court on six counts, three of which wore for falaiticntion of accounts Pf contrary to Section 1 of the Falnifisntion of Accounts Act 1875 and the other three for Inrceny contrary to Section 17(1)(a) of the Larceny Act 1916. She vas sentenced to various terms of imprisonment againat vhich sentences she has not appealed. The appellant appealed against her conviction to the Court of Appeal vhich on the 24th day of September 1976 diamtened the appeal Nnd affirmed her convictions. From this Judgment the appellant has appealed to this Court on the following grounds: q

(1) Whether a Public Officer undo Section 93(1) of the Conetitution of Sierra Laine Act No. 6 of 1971 as amended, oan be convicted of Falsi fication of Accounts under section of the Falsification of fe Accounts Act 1875 if in the Particulars of the offence and during the trinl {t Le Inia and proved respectively that the document or accounts hetong to the State of Sierra Leone. (44) wnetner on charges as (1) above, the Pubtic officer oan be convicted 4f the Partiovtars of offence state that her employer te the Seat of Storra Leone.

(444) Whether the sane ofticer as (1) above can be convicted of offences of Lircany by servant under Section 17(1)(a) of the Larceny Act if j the Partlovlare of the Statonant of offence aJlec# j ‘that she is a clerk or servant to the State of . sensed q

Storra Leone.

- (AY) Whotner she can be conviéted of am offence

under (144) 4f the Particulars allege that she stole from the State of Sierra Loans. (1) nether naving rerard tp statutory provisions Sod ence lav in Sierra Leone re the term *Gnvernmant® the Court of Appeal ts richt to hold that sines Anrit 1971 property of the Government of Sierra Leone have Yecome the property of the State of Sierra Leone. (v4) Whether tn a criminal trial by Jute alone, the defence vould have heen adequately considerea by the Trial Judge when in the review of the evidence of the case for the Prosscution, ha indicated thae he has read the statement of the accused and wir comment on St later hut failed to do a0 and teste te conotder and refer in his Judement poortbie defence arising fron the evidence,*

Tore vas another ground of appeal vnich vas abandoned,

A T have already stated at the opening of this judgnent the grounds of appeal are condensed to ansvering the ameseions already pond. These questions also include the alt-umontere awestion whether the State of Stara Leone 4a a verso ae aon within the ambit of oor muntespal Lav,

By letter of appotntnent dated the 2b vay, 1957, having aattefactorily completed her training in the clerks Training School, the appellant was offered appetnteert ce a

q Tatra Grade Clerk tn the Tnoome Tax Department of the trom Government Service of Sterra Leone, The ansoineanst ane penetonable, On the 3188 May 1957 ane accepted in writing the appointment on the conditions set out. She worked in the Tncone Tax Departnent untit 1966 vhen she vas troncteerea the Techatoat Institute, witch vas m branch wf the moersers

q of Education, as Chief Clerk. Her duties included general nimintotration, preparation of Imprest Rooks ant saseny oe sararion of state of the Tnstitute, She remands creas Servant and a Public O¢fioer up to the date af her oonvietion,

‘The exprension "Public OffLee=" 4 defined in the sierra Yeone (Constitution) ovder-inecounety 1961 (PN, torT® of 1961)

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, he i 24 4 abe BBE —_norenrtor reterred to as tthe 1961 Conatitation®). Sentton ii 107(1) reads me follovst i “public offtoert means a person holding or E acting in a public office. . a ‘The expression "public office” 1s also defined in the sane Bs Order-in-Council to mean an office af drolimant in the public p! service." g Te exproasion "public service” ts alen defined in the same Order-in-Council. It means "avbect to the provisions of aub= F sections (2) and (3) of this section, the servic: of the Crown q in a civil capacity in respect of the government of Storra Loone and inciudes the service of the Crom tn clvit eapactty in respect of the covernaent of the former Colony and Protecto= q rate. of Starra Leone." For the purpose of this ease t Le not necensnry to bs construe aub-sections (2) ant (3) of thts aectinn now quoted. 7 ‘The Constitution of Sterns Leone 1971 (tet Yo. 6 of 1971) A120 defines *publie offteert, "public eftice® and the toubtte service", It 4s not necessary ta set ont these datini tions bocause they are in svhatance the same as those contained in the above quoted definitions. ° 4 The Constitution of Sterra Leone 1971 (Act No. 6 of 1971) came Anto force on the 19th April 1971, T shall hereatter refor to it as "the 1971 Constitution", ny Section 95 it j revoked the 1961 Constitution. There can be no doubt that the 1971 Constitution preserved the legal position of alt public officers within the meaning of ‘both Constitutions, : union T have already quoted, as at that date, that is, 4 19th Apri 1971. Therefore, on the datos of the alleged % offences and throughout the vhole of 1972, the appetinnt was j a public officer and vas so up to the date of her conviction. seses/5)

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