A decision by counsel for Deeba Acheampong, the popular hip-life musician accused of raping a minor, to file a submission of no case was yesterday halted by the Osu Magistrate Court.
The court stopped Augustines Obuor from making that submission following a strong objection raised by Yvonne Atakura-Obuobisa, the Principal State attorney, indicating that it was not the right forum for that.
When the matter was called, Mr. Obuor announced to the court that he wanted to make a submission of no case since the prosecution through their sole witness, the investigator, had not made any case against the fugitive for which he had to be extradited to face trial in United Kingdom.
The court, presided over by Aboagye Tando, initially asked counsel to file the submission and serve it on the Attorney-General so they could respond to issues raised and the court after that would give a decision.
The court further directed that Deeba could go ahead with any explanation he had for the court.
However, counsel told the court that he would prefer that the explanation came later after the submission of no case had been ruled on because their next action to take would be determined by the outcome of the ruling.
After counsel said this, Mrs. Atakura-Obuobisa objected to the submission of no case stating that “this is an extradition hearing and not a summary trial where evidence has been taken for which submission of no case should be done.
The state attorney, who prayed the court not allow the application, reminded the court that its duty was to look at the deposition of the prosecution concerning the case and decide whether to extradite the fugitive.
According to her, there is no evidence before the court because Deeba was not being tried here is Ghana.
Mr. Obuor cut in and quoting section 9 of Act 22, 1960, stated that their application was in line with the procedure code and therefore within the law, because the court had the power under the extradition Act to make an order as if it was a criminal case.
“My Lord, they have called a witness and we have cross-examined him and challenged the evidence of the witness so what is wrong with we making a submission of no case?”
The trial judge however agreed with the prosecution that he was not hearing the evidence to make a determination and that he was only looking at the summary of evidence to see if Deeba should be extradited or not.
“This is purely committal. I am not trying him. They have presented their summary of evidence, so if you have something to say, you address the court and the court will take a decision.”
The court subsequently ruled in favour of the prosecution and adjourned the case to May 23, 2013, for Deeba to say anything he has to say and for counsel to file address.
Deeba, the alleged fugitive, has been accused of defiling a minor in U.K.
He was arrested by an undercover police investigation on January 15, 2013, at the La Palm Royal Beach Hotel.
His arrest was as a result of a warrant issued by Northamptonshire Magistrate in U.K for offences of rape of a child under 13 and assault.
The offences allegedly were committed in U.K between 2005 and 2008. A medical examination conducted on the victim by forensic physician, according to the prosecutor, revealed extensive damage to her hymen as a result of vaginal penetration.
The prosecution is still in the process of having him extradited to UK to face trial.
