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Crime & Punishment of Sunday, 18 April 2010

Source: GNA

Defence counsel and prosecutor exchange words over bail for accuse

Asamankese, April 18, GNA - An appeal for bail for a 65-year-old man accused of incest turned ugly as the defence counsel and the prosecutor engaged in exchange of words at the Asamankese court. Tempers fled up when Mr Stephen Okpoti, Counsel for Daniel Duodu, a farmer being tried for having had sexual relations with his 17-year-old biological daughter, asked for bail for his client in view of his age and health condition.

Mr Okpoti argued that the human rights of the accused was being infringed upon, explaining that though the police were aware that there was no way the accused could escape, he sat in court in handcuffs. He said instead of being sent direct to Koforidua prisons after adjournments of the case, the accused was sent to Suhum police cell where he was denied food, sometimes for two days. Mr Okpoti said he had had no opportunity to consult his client and promised that he would personally follow up to the Koforidua prison immediately after the day's sitting to see if his client had been sent there.

However the Prosecutor, Inspector R.K. Yeboah, a Police Detective, denied that the police were infringing on the liberties of the accused. Inspector Yeboah, who opposed bail for the accused noted that, relatives of the accused were interfering with the course of justice and sometimes invoked "voodoo" (juju). The Judge, Mr Emmanuel Siamah, advised the prosecutor to take a neutral stance in such matters but this did not settle matters as both counsel and prosecutor continued to exchange words to the amazement of the packed court.

Duodu had denied having amorous relations with his daughter, a Junior High School form one girl, and had accordingly pleaded not guilty.

The girl is now five months pregnant. Prosecution said the accused first had sexual intercourse with his daughter when his wife, the girl's mother, traveled to Accra and had continued to do that whenever he had the opportunity. Unhappy about that, the girl informed her teachers who in turn reported it to the Chief of Enoun where they lived and the assemblyman. The accused was invited to the Chief's palace where he denied the allegation.

The matter was reported to the Suhum Social Welfare Department who referred the case to the Domestic Violence and Victim Support Unit which handed it over to the police.

The accused, in his caution statement, named one Kwasi Larbi as responsible for her daughter's pregnancy, having once caught them in bed. The prosecutor told the court that though the girl had admitted that Larbi was a boyfriend, she maintained that the father was responsible for the pregnancy. 18 April 10