High court to rule on appeal by "Jesus One Touch"

Accra, June 15, GNA - An Accra Fast Track High Court (FTHC) would on

July 8, rule on an appeal on submission of no case filed by Nana Kofi Yirenkyi aka "Jesus One Touch", who is standing trial for defilement. Arguing his appeal, Mr K.N. Adomako Acheampong, Counsel for Yirenkyi

told the FTHC that evidence adduced by prosecution witnesses namely the victim, the 10-year daughter of the accused, Madam Bernice Owiredua Asama a her mum and auntie Georgina Larbi, as against that of the opinions of two

medical experts could not stand the test of time.

In the case of Dr Samuel Amo-Mensah of Police Hospital, counsel said his findings indicated that there were "no tears or scars. and the vulva was normal." According to counsel, victim's case that she had been allegedly defiled by Yirenkyi at the age of eight to 10 years meant that the victim had been abused 312 times and that doctor's report would have been different. He said if the victim had been defiled for 312 times, the orifice of the vagina would not have measured up to only a centimetre.

Mr Acheampong noted that "when an expert opinion is measured against an ordinary person," the court should accept that of the expert saying, beca use the prosecution is abandoning unfavourable medical doctors' evidence. "If the evidence had gone in their favour, they would have displayed tha t as their trophy," he added.

According to him there were inconsistencies in the evidence of the victim and her mother alleging that it was the victim's mother who coached her what to say. "In Ghana's criminal jurisprudence, the onus lied on prosecution to prov e its case beyond reasonable doubt". Mr Acheampong asked: "What facts are the courts below going to delve int o, if the medical doctor had said there is nothing wrong with the vagina?" Ms Helen Kwawukume, Chief State Attorney did not file any written application but opposed defence submissions saying the State was not obli ged to file its statement of case. Ms Kwawukume said prosecution had been able to prove its case saying the

victim had given evidence that accused had sexually abused her. That, she noted, had withstood cross-examination. According to the Chief State Attorney, the victim said two years ago her

father had been having sex with her on Tuesdays, Saturdays and Sundays. Ms Kwawukume said victim had also gone further to describe what went on between her and the father, how her father ordered her to lie on the floo r, how he introduced his penis into her vagina and wipe out whitish liquid w ith the handkerchief and how her father asked her not to cry when she felt pa in during the act.

She said the medical report on the victim, corroborated the victim's evidence adding the two medical reports indicated that the victim's hymen

had been broken. The Chief State Attorney debunked Yirenkyi's counsel's claims that nothing had happened to the victim's hymen adding "the medical officer ga ve his opinion".

According to her, the court was not bound to accept doubts of an expe rt opinion and they did not need the circumference of the penis that entered

into the victim's vagina.

She described as mischief the accused person's story that the victim was defiled by one Efo and that her vagina was too small to admit an object. Ms Kwawukume debunked defence's claim that victim had been coached by

her mother. She said prosecution had been able to lead evidence to establish the ingredient of charges levelled against the accused person so he should be

made to open his defence.

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 proceeding but that was overruled by the Circuit

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.