THE REPUBLIC v. BERTHA AGBOGAH

BACKGROUND

The accused was arraigned before this Court on 15th February, 2022 on a charge of

defrauding by false pretence contrary to Section 131 of the Criminal Offences Act, 1960

(Act 29).

BRIEF FACTS

The brief facts as attached by the Prosecution stated that the complainant Victoria Dzakah

is a seamstress and a mobile money merchant resident at Kave-Dzodze whilst the accused

Bertha Agbogah is a trader and a resident of Pokuase in Accra.

The Prosecution stated that, on 4

th February, 2022 the accused went to the house of the

complainant for a transaction and as part of the process handed over to her a phone to

speak with a caller who she indicated to her was her brother who wanted to send her

some money.

The Prosecution stated that, the complainant in the course of her engagement with the

person on phone gave out her merchant number as requested by him and in the process

of effecting an E-cash withdrawal of GH₵100.00 based on an SMS message sent to her

merchant account, an E-cash amount of GH₵6, 150.00 was rather withdrawn from her

account.

The Prosecution stated that when the attention of the accused person was drawn to the

development, she denied knowing or having any relationship with the caller whom she

earlier informed the complainant was her brother.

The prosecution stated that, the accused was arrested and handed over to the police but

denied the offence in her investigation caution statement and was arraigned before this

Court after investigation with a charge of the offence of defrauding by false pretence.

PLEA OF ACCUSED

The accused pleaded not guilty to the offence when the charge and particulars of the

offence were read and interpreted to her and was admitted to bail.

Witness statements of witnesses of prosecution together with charge statement and

investigation caution statement of the accused were filed by the prosecution and served

on the accused for trial.

THE CASE OF PROSECUTION

The prosecution called three witnesses, including the complainant and investigator to

prove his case.

In her evidence to the Court, the first prosecution witness who was the complainant

stated that on the 4

th of February, 2022, the accused came to her in the house for a

transaction and handed to her a phone, indicating to her that her brother who wanted to

send her money was on the phone and wanted to speak with her.

PW1 stated that, in the cause of their engagement, she gave out her merchant number to

the brother of the ac