These Sums of Monies had to be to his own use because the Defendant did
not testify as to what official use he employed the Funds for. He is found to
have converted theOriginal Sum from its Official Purpose to his own, for a
benefit. By his Oral Directives, Receiving without Accountability and by his
tolerance to the bypass of Due Process, he misappropriated the above Sums
in a manner that can only appropriately described as dishonest, contrary to
the Oath of Office he undertook and the Financial Guidelines of his State
Government. The Prosecution is found to have proven these Counts of
Offences Beyond Reasonable Doubt and the Defendant is found Guilty in
regard to the Offence of Criminal Breach of Trust in Counts 16, 18, 20, 27,
29, 30, 31, 33 and 36.
As regards Counts 22, 24, 26, 28, 32,34, 35, 37, 38, 39, 40 and 41 the
Prosecution failed to establish these Counts of Offence, and therefore are
found to be unmeritorious and are accordingly dismissed.
CRIMINAL MISAPPROPRIATION,
COUNTS 3, 7, 9, 11, 13, 15, 17, 19, 21, 23 AND 25
Now, Criminal Misappropriation is a Lesser Pedigree Offence of Criminal
Breach of Trust and Certain Ingredients distinguishes it from Criminal
Breach of Trust. Criminal Misappropriation, does not Particularize Certain
Categories of Persons, rather, it is all encompassing to include ALL Persons,
regardless of Status or Office held or occupied. Further, Criminal
Misappropriation does not require any form of, Entrustment created or
Dominion controlled, over a Property either by way of Contract, Law or
Directive and the Violation of the Law or Contract is not a factor. Finally,
ONLY Duplex Modes suffice for this Offence of Criminal Misappropriation,
which are Misappropriation and/or Conversion.
Section 308 of the Penal Code defines Criminal Misappropriation in this
manner: -
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