JUDGMENT
By an amended charge sheet filed on 8 November 2023, the accused was alleged to have, with intent to defraud Mr. Augustine Yeboah, obtained his consent to part with GHC48,600.00 upon a false pretence that he had the capacity to enlist Samuel Alorbie and fourteen others into the Ghana Police Service, Immigration Service and Prison Service when he knew that claim was false contrary to section 131 (1) of the Criminal Offences Act, 1960 (Act 29).
Therefore, the issue for the Court is whether the accused made the representation complained of when he knew the same to be false. The duty to establish that the accused made that claim knowing that the claim was false is on the prosecution, who are mandated to discharge the said duty beyond a reasonable doubt—see Gligah & Atiso v. the Republic [2010] SCGLR 870.
On this issue, the first witness for the prosecution, Mr Yeboah, testified that while interacting with one Isaac Agyekum Boateng, who was a recruit into the Ghana Fire Service on at…