The accused person was charged with Stealing contrary to section 124 of the Criminal Offences Act, 1960 (ACT 29).
THE FACTS OF THE CASE AS PRESENTED BY PROSECUTION
On 20th October, 2021, the Consolidated Bank, Ghana received a complaint from a customer of the bank that the owner of MTN No. 0244759796 has manipulated the customer’s accounts and transferred money the sum of GHC400,000.00 from the accounts into the Vodaphone numbers 0501991936 and 0501991948. A trace was made on the said numbers which bears the name of the accused person for which he was arrested. He admitted the ownership of the numbers but states that he lost it sometime ago and could not replace same. A search in his house revealed two bank cheque books and an MTN sim card.
At the end of prosecution’s case, counsel for accused has filed a submission of no case dated 6th July, 2022 urging the court to acquit and discharge the accused person on the grounds that prosecution has failed to establish a prima facie case against him.
Section173, Criminal Procedure Code, 1960 (Act 30), states:
“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”.
The court is therefore mandated to evaluate the evidence adduced at the trial to establish whether or not a prima facie case has been made against the accused person. Prima facie evidence’ is explained by Appau, J.A (as he then was) in the case of Kwabena Amaning @ Tagor vrs The Republic [2009] 23 MLRG 78 C.A @ pages 129-130 as:
“…nothing other than evidence that can lead to the conviction of accused if the accused leads no evidence to rebut the presumptions raised in it. The standard required in establishing a prima facie case is therefore not lesser than the standard required in establishing or proving a case beyond reasonable doubt. The two mean almost the same though different yardsticks are applied in determining them since they are used at various stages of the trial. Prima facie evidence is evidence which on its face or first appearance, without more, could lead to conviction if the accused fails to give reasonable explanation to rebut it. It is evidence that the prosecution is obliged to lead if it hopes to secure conviction of the person charged”.
THE BURDEN & STANDARD OF PROOF
Clause 2(c) Article 19 of the 1992 Constitution states that
