THE REPUBLIC v. NELSON MISIHU MAWUTOR

JUDGMENT

The Accused Person herein has been arraigned before this Court charged with stealing

contrary to Section 124(1) of the Criminal and Other Offences Act, 1960 (Act 29). The

Accused Person pleaded not guilty after the charge had been read out and explained

to him.

The hearing of this case was commenced before the Court differently constituted. The

Court presently constituted inherited same as a part-heard. Being a criminal case,

same was started de-novo, the plea of the Accused Person was taken again and he

pleaded not guilty as has been noted supra.

THE FACTS OF THE CASE

It is the case of the Prosecution that during April 2017, the Complainant in this case

noticed that, some items belonging to the Complainant and her mother had been

stolen. Suspecting the Accused, because he was the caretaker of the house, the

Complainant reported the matter to the Police hence the arraignment of the Accused

Person before this Court. The items claimed to have been stolen by the Accused

included; one nokia mobile phone, three goats, 2 sim cards, ten fouls, twenty pieces of

African prints, five yards of lace material, saucepans, plates and cutlery set, one

commercial rice cooker, some cosmetics and physical cash of GH¢5,000.00.

PW 1

PW1 alleged that, her family took in the Accused to act as a caretaker in her mother’s

house but after her mother passed on, the Accused started creating division in the

family and finally conniving with PW1’s step-siblings to evict PW2 from the house.

PW 2

It is PW2’s case that, the Accused was brought to the house as an errand boy but upon

the demise of her step-father, the Accused Person began stealing from PW2’s mother.

PW2 continued that, although she ignored the actions of the Accused Person, the

situation got worse after the death of her mother. PW2 added that, the Accused started

to be of ungoverned character and also suspected the Accused Person of stealing the

items listed supra.

PW3

PW3, the investigator in this case, justified that on 30th March, 2018, PW1 reported a

case of stealing against the Accused Person. Following this, the Accused Person was

invited and denied all the allegations levelled against him claiming that the items with

him were given to him by one Benita Miller who happens to be a sister to PW1 and

PW2. PW3 stated that, the said Benita Miller corroborated the Accused’s claims but

the Accused was still charged and arraigned before Court based on the statement

given by the Com