Burden of proof for unexplained wealth should be placed on accused persons – Domelevo advocates

Former Auditor General Daniel Domelevo has called for an amendment to Ghana's laws on unexplained wealth.

According to the former Auditor General, the burden of proof in cases of lifestyle audit and unexplained wealth should be placed on accused persons instead of the prosecution.

"We need assets and liability declaration, but we need a law on lifestyle audit because as for lifestyle audit, it would go far. If you cannot explain it, then we need the law to reverse the burden of proof," he stated while delivering an address at a public forum organised by the Media Foundation for West Africa on December 3, 2024.

Citing the Anti-Money Laundering Act, Mr. Domelevo proposed that the duty of burden of proof should be shifted to an accused person once a prosecution establishes the possession or ownership of an asset through an investigation.

"So, all that we need, I think, is to reverse the order so that once we can prove beyond reasonable doubt that you have these resources in your accounts or you own this, then the onus shifts to you to prove to us how you got it. Like it's provided under Section 1(3) of the Anti-Money Laundering Act," he stated.

"That act provides that if you are being investigated for money laundering and you have properties that are not commensurate or cannot be reasonably attributed to your sources of income, then you are guilty of money laundering," Mr Domelevo added.

GA/EK

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