Supreme Court

Well calculated attempts to malign Nicholas Mensah Woode, a Tema based business man, with rape allegations by his former girlfriend, one Ernestina Edusah, a former student of the Central University (Tema branch) has been rubbished by the Attorney General after a thorough probe into the issue, the New Crusading GUIDE has gathered.

According to the Attorney General, there were several inconsistencies in the plaintiff’s claims, and that of her witness, and however did not buttress her rape claims against her former lover.
Nineteen days after the report to the police on 18th August, 2014, the AG indicated that the victim although presented a torn khaki pair of trousers: a torn ash-colored blouse and torn pink-colored panties, together with five photographs as evidence of rape, to the police, the delay alone raised doubt about the credibility of the rape claims.

“ in the case of C.O.Pvrs Sem (1962)2 G.L.R.77,the supreme court held that there was a three week delay in reporting and as such the story to the victim was not credible. It is the principal in criminal practice that ALL SEXUAL OFFENCES MUST BE CORROBORATED.

The consistency of the story of the victim as well as the report of the event being made at the earliest opportunity is all essentials of corroborating in the offence of rape…In the instance case, THE VICTIM DID NOT REPORT THE EVENT TO ANY ONE AT THE LEAST OPPORTUNITY. The victim said she was dropped at the roundabout at 4.30am,at the time she could have reported the event to any other person but failed to do so till about 6.30pm, when she told her brother. Accordance to the brother, she was reluctant to tell him but for his persistence. In effect the time intervals after she had the opportunity to report till the eventually lodging of the report the next day on 16th july,2014 at 1.30pm with the police CANNOT CORROBORATE HER STORY. The failures to report the event at the least opportunity by corroborate her story. The failure to report the event at the least opportunity by Ernestina Edusah cannot establish evidence of corroboration.”

Another part of the AG’s report also maintained that the medical report presented by the plaintiff was “INADMISSIBLE because the event occurred on the night of 14th July 2014 and the victim was examined on the 17th july2014 THREE CLEAR DAYS AFTER THE EVENT. The intervening day interfered with the evidence since the result CANNOT be directly linked to the alleged event of the night of 14th July, 2014. The torn clothes that were presented together with the pictures which were brought to the Police by the victim are more than nineteen (19) days after the event cannot past corroboration. The victim earlier during police interrogation said NON OF HER DRESSES GOT DAMAGED. Added to these, SHE NEVER MENTIONED IN ANY OF HER STATEMENTS THAT ANY OF HERR CLOTHES GOT TORN. The said pieces of evidence are INADMISSIBLE AND CANNOT SERVE AS IN CORROBORATIVE EVIDENENCE.

In conclusion, the story as presented by the victim cannot establish ANY PRIME FACIE AGAINST THE SUSPECT LEFT ALONE PROVE HIS GUILT BEYOND REASONABLE DOUBT. Having failed to establish prima facie evidence, the explanation of the suspect becomes IRRELEVANT.THE SEXUAL INTERCOURSE THAT TOOK PLACE WAS WITH THE CONSENT OF THE VICTIM.

Yours police DOVVSU TR duplicate docket No.RO.78\14 is returned as closed”.
However, lawyers for Mr. Mensah Woode says they are lacing up their boots to take legal actions against the plaintiff and other media houses who did not seek to balance their reports, but unfairly published crafted lies against their client.
Stay tuned.

By Samuel Ansah Boateng

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