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Crime & Punishment of Thursday, 8 July 2010

Source: GNA

High Court calls for documents on "Jesus One Touch"

Accra, July 8, GNA - An Accra Fast Track High Court (FTHC)on Thursda y ordered an Accra Circuit Court to furnish it with some documents on Nana Kofi Yirenkyi's aka "Jesus One Touch" trial to enable it adjudicate on th e matter. Yirenkyi, charged with defilement and incest, had gone to the High Court to appeal against the ruling of the lower court on a submission of no case.

The FTHC presided over by Mr Justice Charles Quist, was to rule on t he submission of no case on Thursday, but when the case was called the trial

judge said "after reading through the proceedings I find out that the two

medical reports tendered by the two medical officers had not been include d". "The Registrar of the Circuit Court is hereby ordered to furnish the

FTHC with the medical reports and other documents tendered to enable me adjudicate on the matter," it added. The court adjourned the matter to July 20. Yirenkyi's lawyers had argued earlier before the FTHC that evidence addu ced by prosecution witnesses namely the victim, 10-year-old daughter of the accused, Madam Bernice Owiredua Asamaa her mum and auntie Georgina Larbi, as against that of the opinions of two medical experts could not stand the t est 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 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 Circui t 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 calli ng eight witnesses and the defence declared its intention to file a submissi on of no case.

The prosecution's case was that, the victim, born out of wedlock, lived with the complainant, Madam Bernice Owiredua 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.