Kyere Johnson (A1), Abass Francis (A2) and Nii Hayford (A3) have been charged with Abetment of Crime to wit Stealing contrary to section 20 (1) and section 124 of the Criminal Offences Act, 1960 (ACT 29) on Count 1.
A3 has been charged with Stealing contrary to section 124 of Act 29 on Count 2.
THE FACTS OF THE CASE AS PRESENTED BY PROSECUTION
On 19th January, 2019, the complainant received a phone call from his salesgirl Faustina Appiah to the effect that a man whose name was unknown to her was at the shop claiming he had an agreement with the complainant to take some television sets and a home theatre from the shop. On receipt of the said call, the complainant instructed his salesgirl not to release any item to the man. The complainant demanded to speak with the said man and spoke with him to return for the said goods whenever he had money ready for purchase of the said items. However, the accused managed to convince the salesgirl to give him six (6) flat screen television sets and the home theatre valued at Twenty Five Thousand Ghana Cedis (GHC25,000.00) and bolted with same in a blue Pontiac Vibe Car with registration number GE 2853-18.
On 24th June, 2019, the owner of the said car, A1 was arrested. In his Investigation Cautioned Statement, he stated that he rented the car out to Nii Hayford through Abass Francis who lived at Winneba. A1 and A2 failed to lead the police to arrest A3. Investigation revealed that A1 had no registered rental company which dealt with renting cars. After investigations, the accused persons were charged.
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”.
Counsel for A1 has filed a submission of no case dated 6th July, 2022 urging the court to acquit and discharge the accused persons on the ground that prosecution has failed to establish a prima facie case against the accused persons. ‘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 theref
