GH - AARON KWESI KAITOO v. THE REPUBLIC

TORKORNOO, J. A:

Sections 173 and 174 (1) of the Criminal and other Offences (Procedure) Act 1960, Act 30, provide that

173. Acquittal of accused when no case to answer

‘where at the close of the evidence in support of the charge, it appears to the court that a case is not made out against the accused sufficiently to require the accused to make a defence, the court shall, as to that particular charge, acquit the accused.’

Section 174 the defence

(1) At the close of the evidence in support of the charge, if it appears to the Court that a case is made out against the accused sufficiently to require the accused to make a defence, the court shall call on the accused to make the defence and shall remind the accused of the charge and inform the accused of the right of the accused to give evidence personally on oath or to make a statement.

Section 1 (1) of the Anti-Money Laundering Act, 2008 Act 749 also provides:

A person commits the offence of money laundering if that person knows or ought to have known that the property is or forms part of the proceeds of unlawful activity and the person:

a. converts, conceals, disguises or transfers the property;

b. conceals or disguises the unlawful origin of the property; or

c. Acquires, uses or takes possession of the property’

The Appellant in this suit was the General Manager for Finance and Administration of the complainant company – Mechanical Lloyd Ltd. He was charged with 58 counts of stealing contrary to Section 124 (1) of the Criminal Offences Act 1969 Act 29 from acts he was alleged to have done during the execution of his duties as General Manager. He was also charged with 4 counts of money laundering contrary to section 1(1) of the Anti-Money Laundering Act, 2008 Act 749. The charges in counts 59 to 62 stated that he knowingly converted the proceeds of unlawful activity into properties including Smayak Hotel with its furnishings, situated at Gomoa Ankamu, Smayak Mining and Construction Limited with all its furnishings, situated at plot 801 Tantra Hill, Achimota; House no 114 Ayigbe Town New Weija, and various tracks of land at New Bortianor and Manhean Ga District. He was alleged to have committed the acts of stealing between 13th February 2007 and 30th September 2011 and the acts of money laundering between the years 2005 and 2012.

After the taking of evidence in support of these 62 counts of criminal offences, the court did not acquit the Appellant under Section 173 for insufficiency of evidence.