A legal practitioner Nii Kpakpo Samoa has said the Chief Executive Officer of Menzgold, Nana Appiah Mensah popularly known as NAM 1 doesn’t have to prove in court that he defrauded about 16,000 people since the case is not a civil one.
Speaking on Eyewitness News on Friday he said since it is the state claiming that NAM1 defrauded these people, it is the state that has to demonstrate beyond any reasonable doubt that he took money from these people illegally.
“In criminal practice, Mr. Appiah Mensah doesn’t have to prove anything, it is the state that is making the allegation, so the verdict is on the state to prove its allegation. The allegation is that NAM1 has defrauded 16,000 people, so it is the state’s responsibility to bring the proof.”
“Mr, Appiah Mensah doesn’t have to say anything, he can sit in court the whole time and not say anything. If at the end of the prosecution case, they are not able to prove that he has indeed defrauded 16,000 he will walk free, ” he said.
NAM1 accused of bagging GH¢1.68bn from customers
Nana Appiah Mensah has been accused of defrauding his customers of about GH¢1.68 billion.
NAM1 is on trial for 13 counts of abetment to defraud by false pretence and two counts of abetment to carry out banking business without licence, contrary to Section 6 (1) of the Banks and Specialised Deposit-taking Institutions Act, 2016 (Act 930).
Nana Appiah Mensah arrived in Ghana on July 11, 2019 where he was picked up by security operatives at the Kotoka International Airport and sent to the Criminal Investigations Department (CID) of the Ghana Police Service for interrogation after spending several months in Dubai in another legal battle.
He was granted a GH¢1 billion bail on Friday.