Aesat Issachar Sellassie Vrs Teiko Gloria Nuertey [2022] GHACC 5 (1 December 2022)

Aesat Issachar Sellassie Vrs Teiko Gloria Nuertey [2022] GHACC 5 (1 December 2022)

The prosecution failed to prove beyond reasonable doubt that the accused was the person who committed the robbery and laundered the proceeds. There was a fatal discrepancy between the vehicle registration numbers in the CCTV footage and the car rented by the accused. The identification evidence was weak due to lack of prior acquaintance and absence of an identification parade. The confession statements were discounted due to allegations of duress and lack of enhanced probative value. The prosecution's evidence did not establish the accused's guilt to the required standard.

Citation
[2022] GHACC 5
Parties
Prosecution: The Republic; Accused: Bernard Akan Adotey
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
1 December 2022
Procedural Posture
Criminal / Judgment
Outcome
Acquittal
Legal Topics
Robbery, Money Laundering, Evidence, Identification, Confession
Source Language
English
Criminal Law Robbery Money Laundering Evidence Identification Confession

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 10 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

The Republic

Prosecution

Bernard Akan Adotey

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused committed robbery as defined under section 150 of the Criminal Offences Act, 1960 (Act 29)
  2. 2 Whether the accused committed money laundering contrary to section 1(2)(a)(i) of the Anti-Money Laundering Act, 2020 (Act 1044)
  3. 3 Whether the prosecution proved its case beyond reasonable doubt

Ratio Decidendi

The prosecution failed to prove beyond reasonable doubt that the accused was the person who committed the robbery and laundered the proceeds. There was a fatal discrepancy between the vehicle registration numbers in the CCTV footage and the car rented by the accused. The identification evidence was weak due to lack of prior acquaintance and absence of an identification parade. The confession statements were discounted due to allegations of duress and lack of enhanced probative value. The prosecution's evidence did not establish the accused's guilt to the required standard.

Court Disposition

Acquittal

Orders

  • The accused is acquitted on both counts of robbery and money laundering.
  • Any confiscated properties of the accused are to be returned to him forthwith.