THE REPUBLIC V. EMMANUEL KWABENA GAINSFORD

MENSAH, J.

The Accused stands charged with 2 counts of Conspiracy to commit crime, contrary to S. 23(1) of Act 29 and 2 counts of Defrauding by false pretences, contrary to S. 131 of Act 29, respectively.

Upon his arraignment before this court he pleaded not guilty to each count. By this plea Emmanuel Kwabena Gainsford put himself in charge of the court, meaning that his guilt has to be proved beyond reasonable doubt. That common law rule that a person was presumed innocent until the contrary was proved or he pleaded guilty is reinforced by Article 19(2)(c) of the 1992 Constitution which enacts:

“(2) A person charged with a criminal offence shall

(c) be presumed to be innocent until he is proved or has pleaded guilty.”

The mandatory requirement that the guilt of the person charged ought to be established beyond reasonable doubt and the burden of persuasion on the party claiming that a person was guilty, has been provided for in Ss 13 and 15 of the Evidence Act, 1975 (NRCD 323). Signific…