Rivals charged with defilement

Two persons who defiled a 15 year old and fought over her at Opetekwei, near Dansoman have appeared before an Accra Circuit Court charged with defilement.

Wisdom Torto 22 year old unemployed and Michael Borbivi aged 18 pleaded not guilty.

Prosecuting Detective Inspector Kofi Atimbire said the complainant is the mother of the victim.

According to the prosecutor, the victim resides with her mother at Opetekwei, near Dansoman in Accra and the accused persons also reside in the same vicinity.

The facts of the case are that in December last year, Torto met the victim and proposed love to her which the victim consented and on that bases Torto took the victim to his house and had sex with her.

Inspector Atimbire said Torto however called off the relationship later.

According to prosecution, Michael Borbivi, also met the victim and proposed to her.

Borbivi later lured the victim to an uncompleted building and had sex with her early this year.

Prosecution said when Torto (the ex-boyfriend) heard that Borbivi was now having a relationship with the victim; an argument ensued between them which generated into a fight.

The complainant (mother of the victim) however got wind of the ensuing fight over her daughter and reported the case to the Domestic Violence and Victim’s Support Unit.

The Complainant was subsequently issued with Police medical report form to send the victim to the hospital for examination.

Later the accused persons were arrested and charged before court.

Based on recent ruling by the Supreme Court that people accused of offences like robbery, defilement, rape and murder among others can now be granted bail while awaiting trial; the two – Torto and Borbivi had been admitted to bail in the sum of GH? 10,000.00 with three sureties each.

They are expected to reappear on June 9 before the Court presided over by Mrs Abena Oppong Adjin-Doku.

The Supreme Court (SC) in a 5-2 majority decision had described section 96 (7) of Act 30, which makes certain offences including defilement as non-bailable offences in the Criminal Procedure Code as unconstitutional.

Prior to the judgement such alleged offenders are kept on remand pending trial.