Daniel Botchway, 41, a car dealer, and Shadrach Moyom Dimang, 35, a businessman have appeared before an Accra Circuit Court, accused of defrauding a Takoradi based High Court judge and his wife, who is also a lawyer in a land deal.
The accused persons were found guilty on count one, conspiracy to commit a crime, to wit, fraudulent transaction of land.
Mrs. Susan Eduful, presiding over the Accra Circuit Court, last week, Wednesday, March 20, 2024 offered the fraudsters the options to either pay a total fine of GH¢180,000.00 or spend seven years each in prison.
Daniel and Shadrach were both offered to pay a fine, equivalent to 7,500 penalty units (a penalty unit is GH¢12.00) on count one, conspiracy to commit a crime, to wit, fraudulent transaction of land and in default spend seven years each in prison.
Daniel was also sentenced to a fine of 7,500 penalty units on count two, fraudulent transaction of land, while Shadrach was acquitted on same.
Daniel Botchway was acquitted on count three – issuance of false cheque. The Chronicle has established that Shadrach had been able to pay the fine of GH¢90,000.00.
Per the judgement, Daniel Botchwaywas to pay a total amount of GH¢180,000 or spend 14 years imprisonment, however, the sentence will run concurrently, giving the convict the opportunity to pay only GH¢90,000.00.
Background
Prosecuting officer DSP Evans Kesse told the court that the complainants are couple and live in Takoradi, Western region.
He added that in the month of May 2020, the complainants wanted land at Tse-Addo-La in Accra to buy.
In response of this, Shadrach introduced Daniel to the complainants that he has a land at Tse-Addo for sale.
The accused persons showed a site plan of the land that was allegedly going through processing at Lands Commission. The complainants inspected the land and expressed interest to acquire it.
The land was sold to the complainants at GH¢600,000.00 and they deposited GH¢300,000.00 as part payment through their bank into Daniel’s account. The accused persons acknowledged receipt of the money.
After making the part payment, the complainants realised that the same land had been given to another person earlier.
In March 2021, Daniel issued three posted-dated bank cheques with total face value of GH¢100,000.00 to be cashed on 31st of the same month.
However, the cheques were all dishonoured and returned to the complainants after they were presented on August 11, 2021.
On November 24, 2021 the complainants lodged a complaint at the Regional CID, Accra and the accused persons were arrested.
The accused persons admitted to the offences and pleaded with the police for some time to refund the amount involved.
They have since refunded GH¢20,000.00 by Fidelity Bank cheque No. 020030 on December 2, 2021, leaving a balance of GH¢280,000.00.
After investigation, the accused persons were charged with the offences and put before the court.
