THE DEFENCE team in the case of Prophet Nana Kofi Yirenkyi aka Jesus Onetouch yesterday revealed that the Attorney General’s Department has made its intention clear that it will not contest his appeal.
Jesus Onetouch, Founder and General Overseer of Jesus Blood Prophetic Ministry, who was convicted about six months ago for committing incest, had filed the appeal to challenge his 10-year jail-term.
The defence team, led by Adomako Acheampong, subsequently called for the release of Prophet Onetouch, as the prosecution, by this statement, had thrown in the towel.
On June 10, 2011, the case which is before an Accra High Court presided over by Justice Emmanuel K. Dzakpasu, was adjourned to yesterday to enable Rexford Wiredu, the Principal State Attorney to file a short address.
However in court, Mr. Acheampong informed the judge in the absence of Mr. Wiredu that he was not sure the prosecution had filed its address as promised. Mr. Acheampong, in the company of two other lawyers, Atta Akyea and Mathew Obeng, requested that the case be stood down for some minutes for the prosecutor to come and update the court on the issue, but the judge did not oblige.
Counsel then prayed the judge to give his judgment in the absence of the short address. Arguing for his client’s release, Mr. Acheampong said, “My Lord we have been here severally and they have made their intention clear that they are not going to contest the appeal. They even cited a case to support the defence’s assertion, meaning they have arbitrarily thrown in the towel. If they are not going to contest the case then there is no need for the appellant to be in prison.”
The lawyer prayed the court to uphold the appeal and quash the conviction by taking into consideration their statement of case and the authorities cited by both the defence and the state.
The court, he observed, could give its reasons later when the prosecution finally filed the address. Atta Akyea confirmed the decision of the AG not to contest the appeal, adding, “The AG’s office said the conviction was wrong and amounted to a miscarriage of justice.”
Atta Akyea observed that “this was the first time a lawyer was making this kind of professional admission” and therefore stressed the need for Onetouch to be released.
The judge however adjourned the matter to July 15 to deliver his judgment, indicating that he needed time to study the case since it was possible for him “to disagree with the decision taken by both the defence and the prosecution”.
After this, the judge advised both counsel to file any other authorities they wished to rely on.
A few minutes after the case had been adjourned, the prosecutor arrived. Although Mr. Wiredu informed the court that he wanted to make a submission, the judge did not allow him to talk because the matter had already been adjourned.
Prophet Onetouch filed the appeal to challenge the verdict of the Circuit Court on grounds that the judge erred in delivering such judgment when the defence had created sufficient doubts in the case of the prosecution. The convict prayed the High Court to quash the decision of the lower court.
Onetouch was convicted and sentenced to 10 years’ imprisonment on each of the two charges of defilement and incest, but the sentences were to run concurrently.
The Circuit Court, presided over by Mrs. Georgina Mensah-Datsa, found him guilty of having sexual intercourse with his biological 10-year-old daughter, although the Prophet, even while being escorted to jail, still maintained that he did not commit the crime, and screamed, “God should kill me if I defiled my daughter”.
Mrs. Mensah-Datsa, in her judgment that lasted about 25 minutes, indicated that the victim was truthful as her evidence was corroborated by prosecution witnesses and medical reports.
The two reports from doctors who examined the victim, according to the judge, said the hymen was not intact and that corroborated the victim’s story.
The appellant observed that “the trial judge convicted and sentenced him without adverting her mind on the evidence given by one of the prosecution’s own witness, ACP Dr. Samuel Amo-Mensah, an obstetrician and Gynecologist at the Police Hospital. “And also a Police officer stationed at Akropong who was part of the investigating team, who according to him, helped build the case docket and also served as an independent witness of the appellant. “These two pieces of evidence, the appellant noted, raised serious doubts in the case of the prosecution”.
The appellant observed that Mrs. Mensah-Datsa failed “to advert her mind on the sheer implausibility of the evidence especially that of Bernice Owiredu, the mother, and victim, adduced for the prosecution”.
Source: Daily Guide/Ghana
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