Kareo Kisabasu Tills v. R. Crim. App. 104-D-67; 14/4/67; Duff, J.
Accused, a chief clerk assigned to courts in Panyoni, received a cheque, the proceeds of which were to be paid to widow of a court messenger as payment from the National Provident Fund. He cashed the cheque and misappropriated the money, for which he was convicted of theft by public servant. (P.C. ss. 265, 270.) His appeal was held to be groundless, but counsel for the Republic argued that the compensation order should have directed payment to the Government and not to the widow.
Held: Because the money belonged to the Government until handed over to the widow, and because the Government would still be bound to pay the amount due from the Provident Fund to her, the order should have directed payment to the Government. The Court noted, “It is clear that the widow will receive payment from the Government and it is doubtful that she would recover it from the accused.”
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