An eighty-seven year old man who is accused of raping a 79-year-old bed ridden woman (name withheld) at Aburi is battling for bail pending trial at an Accra High Court.
Kofi Adoubi, unemployed, has filed a motion for bail pending trial, saying his continuous incarceration was having serious implication on his health, as he kept visiting the Tetteh Quarshie Memorial Hospital.
Adoubi is contending that on May 23 this year, he was arraigned at a Magistrate Court in Aburi after he had been kept in Police custody for over five days without being brought to a court of competent jurisdiction.
He said an application for bail made before a Magistrates' Court was declined in the initial stages of his incarceration and the police have been sending him to the hospital.
According to Adoubi’s motion, he was unable to eat properly at the cells and has hearing impairment.
Adoubi contends that if he continues to stay at the cells it could be dangerous for his health.
Defence Counsel further admits that though the offence, under which he had been charged with was non bailable, considering the circumstance of the case, he could be admitted to bail.
According to the motion, if Aduobi was granted bail, he would make himself available for trial as he has denied ever committing that crime as stated in the charge sheet.
“Applicant is willing and capable of abiding by the conditions if granted bail and was in no way going to interfere with investigations.
“Applicant is a peace loving member of the society, who would not engage in any violent conduct,” the motion said.
The facts as produced by the Police are that, Adoubi is a native of Aburi Akuapim in the Easter Region and he currently resides there.
According to the Police the complainants are the children of the victim.
Police say the victim had been bedridden for some time now, and that, on May 23, this year, at about 1400 hours, the complainants returned from town and entered the victim’s room only to see Adoubi busily having sex with the victim.
The complainants assaulted the suspect and handed him over to the Police. The suspect stated that, he started dating the victim since 1996 and had been having regular sex with the victim.
According to the Police, Adoubi has indicated that he has witnesses, who would attest to that, adding that, his sexual encounter with the victim was consensual.
Police say the victim was “speechless” and they were yet to receive a medical report of the victim.
The case had been adjourned to July 2, as the Representative from the Attorney General’s Department was not in Court.
