Crime & Punishment of Wednesday, 21 July 2010

Source: GNA

Court orders Police to send "Jesus One Touch" to hospital

Accra, July 21, GNA - An Accra Circuit Court has ordered the Police to send Nana Kofi Yirenkyi aka 93Jesus One Touch" being held for defilement and incest to the hospital

This was after Yirenkyi who appeared before the court without his counsels complained that he was sick.

The court therefore tasked Yirenkyi's relations to also ensure that he was sent to the hospital.

Assistant Superintendent of Police (ASP) Sarah Kwafo, prosecuting, said the Police usually sent the accused to the hospital.

However, she said anytime the Police attempted to send him to the hospital he would tell them that he was okay.

Meanwhile the court is waiting for the outcome of Yirenkyi's appeal against submission of no case before the Fast Track High Court (FTHC).

Yirenkyi is expected to open his defense on the charges but that would depend on the ruling on the appeal.

The court therefore adjourned the matter to July 27.

The FTHC on Tuesday stated that on Monday, July 26, it would deliver its ruling on a submission of no case by Yirenkyi.

The court presided over by Mr. Justice Charles Quist, who was to rule on the submission of no case on July 8, said: 93after reading through the proceedings, I find out that the two medical reports tendered by the two medical officers had not been included".

"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.

During the sitting on Tuesday, the High Court Judge indicated that he had been served with the documents and proceedings adding, 93I would therefore fix a date to deliver my 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 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.