that the docuthents were printed from any of the email
acldresses
stated in Ekhibits P4 and P5, or through a Badoo account. Therefore,
despite the contents of Exhibits P4 and P5, there is no link or nexus
between Exhibits P4 &, P5 and
Exhibit P2: The confessions in
Exhibits P4 and P5 lack proof or coruoboration and there is no
relationship between Exhibits P4 and P5 on one hand and Exhibit
P2 on the other hand. The sole prosecution witness has stated that he
does not know Henry Kingsley. There
Herury Kingsley is a person
is nothing to suggest that
living or dead. ' he prosecution has thus
failed to prove that any impersonation of Henry Kingsley was done
by the Defendant fraudulently or with intent to commit fraud. The
prosecution has failed
to prove that the Defendant intended
to
fraudulently obtain the properly or interest in the property of any
person who is alive or dead or in particular of Henry Kingsley. Fraud
al
is a serious criminal altregation which must be proved strictly by the
prosecution. The prosecution has failed to do this.
It is trite that for the prosecution to succeed in proving the
elemqnts
pf an offence, it must prove the mens rea and actus reus.
The charge before this court is personal to the Defendant and does
not include conspiracy. There is no conclusive evidence before this
Court that the phone belongs to the Defendant (it was not found in
his possession) or that the printed documents were printed from that
,
on failed to link the phone directly to the
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