was made on the 21st of January 2013. I can see the back
page of the statement line 11.
I still insist I did not sell the property to Lead British School.
I do not know Lead British School.”
Learned counsel to the defendant in his written address formulated a
sole issue for determination to wit:
“Whether in the circumstances of this case, the Prosecution
has failed to proof (sic) its case beyond reasonable doubt
against the Defendant, thereby necessitating her discharge and
acquittal.”
On the first count of the charge which is an allegation of obtaining
by false pretences contrary to Section 1(1)(a) of the Advance Fee Fraud
Act, defence counsel submitted that the prosecution failed to establish the
ingredients of the offence to the satisfaction of the Court. He submitted
further that the prosecution failed to establish or prove the essential
ingredients of the offence of forgery under Section 362(a) and 366 of the
Penal Code. He submitted that the prosecution failed to prove that the
defendant intended to defraud Mutual Property Development Co. Ltd. or
committed forgery. He submitted further that there was no evidence that
the
defendant
carried
out
the
alleged
forgery
and
that
there
was
contradictions in the prosecution’s evidence in the description of the
property. He urged me to hold that the prosecution has failed to prove
the offences for which the defendant is charged beyond reasonable doubt
and discharge and acquit her accordingly.
For his part, learned counsel to the prosecution submitted one issue
for determination to wit:
“Whether the Prosecution has proved its case beyond reasonable
doubt as required by Section 135 of the Evidence Act.”
9