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October 26, 2023
CIRCUIT COURT
GHANA
CORAM
The case of the prosecution is that on the 31st of October 2022, one Vincent Nyaku went to the Vuluxx company (hereinafter referred to as the complainant) site and detected that the padlock to a structure that contained materials had been broken. When he entered, he quickly realized that thieves had broken into the structure. An audit was soon conducted which revealed that 128 bags of ammonia valued at GH¢36850 could not be accounted for. Management quickly invited both the night and day security officers for questioning but they denied any knowledge of the theft or any involvement in the theft of the items. The four accused persons, who were the security officers on duty were then arrested and with conspiring to steal the company’s property; stealing 128 bags of ammonia and causing damage to a padlock valued at GH¢100.
The case was reported at the Elmina District Police Headquarters police station where the accused persons were arrested. During their interrogation by police, none of the accused persons could tell when the offence occurred; even though they claimed they had been at their duty posts. Police investigations also revealed that the structure, in which the ammonia was kept, was at the entrance to the quarry site, in close proximity to the security post and well illuminated by street lights. The structure was also was within the supervision area of the accused persons. After the investigation, the accused persons were charged with the offences.
The prosecution relied on the evidence of three witnesses to make its case. The first two witnesses were employees of the company and occupied the positions of transport manager and supervisor respectively. The final witness was the investigator. The evidence of the witnesses was in summation, the facts that have been narrated above. I will repeat the salient parts though. On the 31st of October 2022, the first prosecution witness, discovered on his arrival at the site that the structure which contained materials belonging to the company had been broken into. He called the security as well as the general manager to inform them. When the inventory of stock was conducted, it was discovered that 128 bags of Ammonia were missing. The accused persons who were security officers claimed they did not see or hear of the theft and only got knowledge of it when they were informed by the company. Finding their story unbelievable, they were charged with the theft of the missing bags of ammonia. The investigator also
AI Generated Summary
On 31 October 2022, Vincent Nyaku discovered that a padlock on Vuluxx companys container at its quarry site had been broken, and an audit revealed 128 bags of ammonia valued at GH36,850 were missing. The structure was located near the security post, well illuminated, and within the supervision area of four security officers on duty, who denied any knowledge of theft. Police interrogations yielded no timeline of the offence. The prosecution presented three witnesses: two company employees (transport manager and supervisor) and a police investigator who tendered statements and photographs. At the close of the prosecutions case, defence counsel moved a submission of no case under Section 173 of Act 30. The court found the evidence amounted to suspicion only, with no direct, forensic, or recovered property linking the accused to conspiracy, stealing, or unlawful damage, and acquitted and discharged them.