An Accra Fast Track High Court (FTHC) on Monday ordered Nana Kofi Yirenkyi aka “Jesus One Touch” facing charges of defilement and incest to open his defence.
In its ruling, the court noted that prosecution had been able to prove the essential ingredients of the charges leveled against him hence the order to open his defence at the Circuit Court.
According to the court, evidence before it indicated that the victim did not have any difficulty in identifying his father who defiled her.
Yirenkyi had gone to the High Court to appeal against the ruling of the lower court on a submission of no case.
Evaluating the evidence before the court presided over by Mr. Justice Quist, it noted that in proving a submission of the no case, prosecution among others, had to prove that the victim was below 16 that the accused had had carnal knowledge of the victim.
This, the court noted, had been proved by the victim and her mother as well as the school register.
The court further observed that during the trial, the victim gave detailed account about herself and the ordeal she had gone through by indicating categorically that one Efo did not defile her but rather her father (the accused).
On the two medical reports, the court noted that there were no contradictions on the two medical reports but rather its time frame.
The court noted that while the first medical report issued indicated that the victim’s vulva was normal but hymen had been broken and its breakage was fresh.
It said the victim was sent to the hospital three months after the incident and it was obvious that the hymen would not be fresh.
On the second medical report, the court said the report indicated that the hymen been broken describing old damage which had been.
In the defilement charge, the law was emphatic on the “least degree of penetration” adding it was therefore immaterial to state that the degree of penetration was one centimetre of an object”.
Relatives of the accused who thronged the court to listen to the ruling in the absence of Yirenkyi left the court room disappointed.
Yirenkyi was represented at the hearing by Mr K.N. Adomako Acheampong, his counsel, while Ms. Helen Kwawukumeh, Chief State Attorney, represented the State.
Mr. Acheampong declined to comment on the court’s ruling.
Yirenkyi’s lawyers had argued earlier before the FTHC that evidence adduced by prosecution witnesses namely the victim, 10-year-old daughter of the accused, Madam Bernice Owiredua Asamaa, her mum, and aunt, Georgina Larbi, as against that of the opinions of two medical experts could not stand the test of time.
However, the prosecution said it had been able to prove its case saying the victim had given evidence that accused had sexually abused her.
That evidence, prosecution noted, had withstood cross-examination.
Yirenkyi on May 16, this year filed an appeal on a submission of no case when the Circuit Court ruled that he had a case to answer after prosecution had closed its case.
He also filed a stay of proceedings but that was overruled by the court.
Accused, who has pleaded not guilty to incest and defilement, has been remanded in Police custody by the court.
On April 26, this year, the prosecution closed its case after calling eight witnesses and the defence declared its intention to file a submission of no case.
The prosecution’s case was that, the victim, born out of wedlock, lived with the complainant, Madam Asamaa until 2005 when she left to live with the accused at McCarthy Hills in Accra to attend school.
It said between 2008 and 2009, accused started defiling the victim before he attended every church service.
In November 2009, the accused granted an opportunity to the victim’s mother to talk to her because she was putting up a bad behaviour.
It was during the interaction that the victim revealed her ordeal to her mother.
The victim was initially examined by a medical doctor and later transferred to the Police Hospital for further treatment.
Beware lest you lose the substance by grasping at the shadow. ~Aesop
Ignorance can be educated,drunkenness sobered,craziness medicated but there is no cure for STUPIDITY
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