The Domestic Violence and Victim Support Unit (DOVVSU) of the Ghana Police district court has ordered a Labone SHS French tutor, Godwin Adigbli, to open his defence after establishing that he has a case to answer for the charge of indecent assault against a 16-year-old student at the school.
Lawyers of the 45-year-old filed a submission of no case after the prosecution closed its case.
Godwin Adigbli is on a 50,000 cedis bail after pleading not guilty to the charge of indecent assault of the 16-year-old Labone Senior High School student.
In court on Wednesday, March 25, defence lawyers led by Ernest Gbesemete argued in the submission of no case that the prosecution, among other things, failed to prove that the accused unlawfully touched or assaulted the victim.
He noted that the prosecution could not prove that the alleged touching was indecent in nature and that the act was done without consent or by force cum threat, intimidation or coercion.
The defence also argued that, despite the alleged victim’s testimony that she was kissed roughly, dragged against her will and forced into a storeroom and then pushed onto a bed, under cross-examination, no consistent account was maintained on how the alleged acts occurred.
“The alleged victim testified in examination in chief that she was kissed roughly, dragged against her will and forced into a storeroom and then pushed onto a bed. However, under Cross-examination, no consistent account was maintained on how the alleged acts occurred. No explanation was given as to how such force left no physical trace – no disturbance, no noise, no call for help, no already laid bed. The physical description of the storeroom revealed it to be accessible, cluttered and unsuitable for the event ahead.
Further, material contradictions emerged. In her police statement, she claimed that the assault began in the office and continued in the storeroom. In her witness statement, she claimed she bit the accused’s penis hard and immediately escaped. Under cross-examination, she introduced a new version that she had first been sent to the storeroom before the alleged incident began,” Ernest Gbesemete intimated.
He prayed the court to take cognisance of the inconsistencies in the narratives of the complainant, the alleged victim, and the prosecution, and of the prosecution’s failure to present compelling evidence in the matter, and to uphold their submission of no case.
“The prosecution had every opportunity to present its case, including calling the headmistress, an intention it abandoned. It is obvious from the Cross-examination that the prosecution’s case has collapsed under its own weight. To call upon the accused to open his defence will amount to shifting the burden of proof contrary to Article 19(2) of the Constitution. We therefore respectfully urge this court to uphold the submission of no case to answer. Enter a verdict of not guilty and discharge the accused,” the defence lawyer stated in conclusion.
After listening to the argument of the defence lawyers, the court held that the prosecution had established a prima facie against the accused person and ordered him to open his defence.
The judge then ordered the defence lawyers to file their defence and adjourned the case to April 22 for the trial to start.
By Laud Adu-Asare
