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AARON KWESI KAITOO v. THE REPUBLIC

2018

COURT OF APPEAL

GHANA

CORAM

  • 1. MARIAMA OWUSU, J.A. (PRESIDING)
  • 2. DENNIS ADJEI, J. A.
  • 3. GERTRUDE TORKORNOO, J. A

Areas of Law

  • Criminal Law and Procedure
  • Evidence Law

AI Generated Summary

This case is an interlocutory criminal appeal by a former General Manager for Finance and Administration of Mechanical Lloyd Company Limited, challenging a High Court ruling that the prosecution had made a prima facie case requiring him to open his defence on 58 counts of stealing and four counts of money laundering. The prosecution alleged that between 2005 and 2012, the appellant diverted customer cash receipts by matching, splitting, and topping up Ford Motors remittances, concealed diversions with journal vouchers he prepared and approved, and laundered proceeds into properties such as Smayak Hotel and assets at Tantra Hill and New Weija. An internal audit, a Board committee, and a Price Waterhouse Coopers forensic audit identified misappropriations totaling US$1.8 million; currency was found in the appellant’s office safe and a confession of US$300,000 was recorded in writing. Relying on Tsatsu Tsikata, the Court of Appeal held that at the no‑case stage the threshold is sufficiency, not proof beyond reasonable doubt, rejected demands for count‑by‑count analysis, found the evidence prima facie sufficient, dismissed objections to Exhibits C and D as time‑barred and substantively admissible, and affirmed the order to open a defence.

JUDGMENT