THE REPUBLIC v. KWAME ABAYELE

The accused herein was put before this court charged with the offence of Fraud

by false pretences contrary to section 131 (1) of the Criminal Offences Act, 1960 (Act 29).

Accused pleaded not guilty to the charge after same was read and explained to

him in Twi.

The following issues were then set down for trial;

(1) Whether or not the accused made any representation to the complainant that

he is a police officer;

(2) Whether or not the said statement made by the accused is false.

(3) Whether or not the accused at the time of making the said statement he knew

it was false.

(4) Whether or not the complainant behaving the said statement parted with the

cash of GH₵200.00.

The facts as presented by the prosecution are that the complainant is one Abena

Porgnee aged 73 years and a farmer at Dankonto near Tromeso/Wenchi. That the

accused, Kwame Abayele aged 56 is a farmer and lives at Subinso No. 2 near Wenchi.

That on 12th day of May, 2022 accused went to the village of the complainant and

introduced himself as a police officer from Wenchi. Investigating a case of causing

damage reported by one Abisco against complainant and others. That accused told

complainant he can drop the case against complainant and the others if they can pay

GH₵100.00 each. That the other woman who is also a witness in the case told accused

she does not have any money, but the complainant paid GH₵200.0 to the accused to the

two of them and accused left. That on the 13th of May, 2022 accused returned to the

complainant and demanded GH₵1,000.00 to be given to the District Police Commander

at Wenchi and that the Commander rejected the GH₵200.00 he (accused) collected

previously.

That the complainant became suspicious of the accused and caused his arrest to

the Tromeso Unit Committee. The accused was later handed over to the police after a

complaint was made against the accused. After police investigations the accused was

charged with the offence and put before this court for trial.

In presenting their case the first prosecution witness (P.W.1) told the court she is

Abena Porgnee, and the complainant. That she lives at Dankonto near Tromeso. That

she knows the accused person as well as the other prosecution witnesses. P.W.1 said on

the 12th day of May,2022 the accused came to their cottage at Dankonto and introduced

himself as a police man from Wenchi who is investigating a case reported by one Abisco

against her (P.W.1) and Begnia Hainn. Than the accused then