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Crime & Punishment of Thursday, 14 May 2015

Source: GNA

Gabass file appeal for submission of no case

An Accra Circuit Court on Wednesday adjourned to May 18 to enable the defence council of Dr Sulley Ali Gabass, medical practitioner, accused of sodomising, a 16-year-old Senior High School student to move a motion.

The defence counsel had filed a motion for stay of proceedings pending an application for appeal, filed on Tuesday, May 12 at the High Court against a ruling on the submission of no case.

The accused person at the last adjourned date filed a submission of no case, arguing that the prosecution did not make out their case to warrant a defence, meaning there is no case to answer.

But the Court presided over by Mrs Rita Agyeman-Budu dismissed the assertion, saying it is premature to conclude that Dr Gabass has no case to defend and is, therefore, required to open his defence in the case on May 13.

The judge said she was not happy with the way the defence counsel is handling the matter, saying if they were to file any application, why should it be late and not earlier.

The prosecution, presented five witnesses; the first being the victim, followed by Manasseh Azure Awuni, a journalist, Sergeant Francis Odei-Asiedu, Dr Nii Adu-Aryee, and Mr Saajo Asimana, father of the victim, and closed its case.

At an earlier sitting, Deputy Superintendent of Police (DSP) Aidan Dery told the Court that the accused person resides in Takoradi in the Western Region.

DSP Dery said in September last year, the victim became Dr Gabass’s friend on Facebook, a social media platform, and they communicated online and on the cell phone.

In October last year, Dr Gabass arranged and met the victim at Kasoa New Market, where he had anal sex with him in his car in front of a bank.

On December 28 last year, at about 1900 hours, Dr Gabass met the victim again at the same spot and had another anal sex with him, a and gave him a Samsung Galaxy mobile phone and GH? 20.00.

The prosecution said the victim fell ill and when he informed Dr Gabass, he prescribed paracetamol tablets for him.

DSP Dery said Dr Gabass had three more anal encounters with the victim and after the fifth act, the victim started experiencing excruciating pains.

He complained to the accused person, who gave him money to go for medical treatment but the victim did not go for the treatment.

The prosecution said when the victim’s condition worsened he was sent to the Ahmadiyya Mission Hospital but was referred to the Korle Bu Teaching Hospital.

The prosecution said when the accused person was informed about the victim’s plight, he sent GH? 800.00 through the victim’s elder brother to cater for his hospital expenses.

DSP Dery said Anal Fistula and Anal Rectal Abscess surgical operations were performed on the victim, and it was during the session that he was diagnosed as HIV positive.

And with this the victim mentioned Dr Gabass as the one responsible for the ailment.

The prosecution said while on admission, the witness got wind of the matter and interviewed the victim, conducted background checks on the accused person, who was also interviewed.

In secret recordings, Dr Gabass allegedly confessed having anal sex with the victim.

Following media publications, the police initiated investigations into the matter and the Domestic Violence and Victims Support Unit in Sekondi arrested Dr Gabass.

During police interrogation, Dr Gabass admitted knowing the victim as a friend but denied having anal sex with him.