2. Whether the Prosecution has established Beyond Reasonable Doubt
the Offences of Criminal Misappropriation punishable under Section
309 of the Penal Code Act, which was laid out in Counts3, 7, 9, 11,
13, 15, 17, 19, 21, 23, 25
3. Whether the Offence of taking Gratification by Public Servants,
charged under Section 115 of the Penal Code Act, and as laid out in
Count 4 was established Beyond Reasonable Doubt.
4. Whether the Offence of Public Servants Obtaining Valuable Thing
without Consideration, charged under Section 119 of the Penal Code
Act, and as laid out in Count 5 was established Beyond Reasonable
Doubt.
From the above, it can be seen that the Substantive Offences before the Court
are in regard to the Offences of Criminal Breach of Trust, Criminal
Misappropriation, Gratification and Obtaining a Valuable Thing without
Consideration.
The Offences of Criminal Breach of Trust and Criminal Misappropriation, all
revolve around Certain Special Sets of Circumstances, which are in regard to:
1. Stationeries and Office Equipment;
2. Grains;
3. Presidential Visit; and
4. Miscellaneous Sums from the Liaison Office.
Both Learned Senior Counsel and Learned Counsel made copious
Submissions on the Required Burden of Proof necessary to ground the
Offences in the Charge and they are all on Record, therefore there is no need
to restate them here.
Now, the Burden of Proof on the Prosecution is as imposed under Section
135(1) of the Evidence Act 2011 (As Amended), which states “that if the
Commission of a Crime by a Party to any Proceeding is directly in issue in any
Proceeding Civil or Criminal, it must be Proved Beyond Reasonable Doubt.’’
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