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JUDGMENT
JUDGMENT
FACTS:
The accused person was charged and arraigned before this court on 8th October,
2020, on a charge of defrauding by false pretence contrary to Section 131 of the
Criminal Offence Act, (1960) Act 29.
The brief facts recounted by the prosecution are that the complainant, Evans
Donkor, is a businessman residing at Techiman whilst the accused person aged
36 years is a self-styled freight forwarder based in Tema. It is the case of the
prosecution that in the month of August 2020, the complainant imported a fortyfooter container stuffed with paints to the Tema Port and engaged the accused person to clear the consignment from the Port for him. The prosecution alleges
that the accused collected an amount of GH₵45,000 to pay the import duties and
other charges to enable him clear the container for the complainant. However,
after receiving the money, the accused person paid only GH₵4,000 to DELMAS
Shipping Line as shipping charges and used the outstanding amount for his
benefit without paying the import duties on the container. The accused person
thereafter went into hiding, compelling the complainant to engage another agent
at an additional cost of GH₵45,000 to clear the container from the Tema Port.
The prosecution further alleges that on the 7th day of September, 2020, the
accused person was arrested from his hideout and handed over to the police. It is
further alleged that during investigations, the accused person in his investigation
caution statement, stated that he encountered financial problems in the process
of clearing the container and used the money to solve personal issues. After
investigations, he was charged with the offence and arraigned before this
Honourable Court.
THE PLEA
The accused person who was self-represented at the time his plea was taken
pleaded not guilty to the charge after it had been read and explained to him in
the English Language. The accused person having pleaded not guilty to the
charge, the prosecution assumed the onerous burden to prove the guilt of the
accused person beyond reasonable doubt.
The case proceeded to trial and the prosecution called three witnesses and
tendered in evidence Exhibit ‚A‛ series, which is a printout of WhatsApp
Communication, Exhibit B, Ghana Commercial Bank Deposit Slip- Exhibit ‚C‛-
Investigation caution statement of accused person, Exhibit ‚D‛, charge
statement of the accused person. At the close of the case for the prosecution,
Learned Counsel for th