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JUDGMENT
JUDGMENT
The four accused persons have been charged with various offences ranging from
Conspiracy to commit crime, namely stealing, contrary to sections 23(1) and 124(1) of
the Criminal Offences Act, 1960 (Act 29), Stealing contrary to section 124 (1) of the
same Act, Abetment of stealing contrary to section 20(1) and 124(1) of the same Act,
Dishonestly receiving contrary to Section 147(1) of the same Act, unauthorised
interference with electronic record contrary to section 125 of the Electronic
Transactions Act, 2008 (Act 775) and Money Laundering contrary to section 1(1) of the
Anti-Money Laundering Act 2008, (Act 749).2
FACTS OF THE CASE
The facts of the case as recounted by the prosecution are that the 1st and 2nd accused
persons were employed as IT officer and IT Support Officer, respectively, by the
complainant, a company known as Best Point Savings and Loans Ltd in Accra whilst
the 3rd and 4th accused persons are a sister and brother in law respectively to the 1st
accused person.
In January 2014, the company realised that its Banking Software known as Bankers
Realm, had some challenges; thus, its management decided to migrate to a new system
known as X100. At the final stages of the migration, while the data was being
validated, some discrepancies were discovered between the old and new systems that
had been installed. The validation revealed that transactions summing up to one
million two hundred and sixty-two thousand four hundred and ninety-six Ghana
cedis and sixty pesewas (1,262,496.66.). Thus the company’s management employed a
consultant from Kenya to investigate the cause of the discrepancies. The consultant's
investigations revealed that someone had tampered with the system. That conclusion
was corroborated by the engineers who manufactured the software. The outcome also
revealed that the transactions were similar and emanated from four different
accounts, two of which were registered in the name of the 3rd and 4th accused persons
and the other two in the names of one Seth Asante @ Precious Havor and one
Theophilus Aboagye @ Dennis Amankwa who are friends of the 1st accused person
but are currently at large.
Further investigations linked the 1st accused person as being the one who had
fictitiously and unlawfully credited the four accounts with various sums of money
from the backend, which he had deleted from the final database for migration unto
the new system, thus causing the discrepancies. It was also rev