Samuel Elorm Ababio, self-employed, on Wednesday had his 20-year jail term slashed to 10 years when he filed an appeal at an Accra High Court.
Ababio was jailed on October 18, 2019, by an Accra Circuit Court on charges of incest and defilement. Ababio was jailed for defiling and impregnating his own sister. He is said to have had sex with the victim at the age of 9 years till she was 15 years.
The Court then presided over by Mrs Rita Abrokwa Doko, now a Justice of the High Court, sentenced Ababio to five years on the charge of incest and 20 years on the charge of defilement. Sentences were however to run concurrently. Ababio pleaded guilty to the two charges when he made first appearance at Circuit Court in Accra on October 18, 2019.
Ababio however filed an appeal at the High Court on the grounds that the sentence was harsh and excessive.
According to Ababio, the victim was her cousin (Aunty’s daughter) and not
a sister as the Police portrayed and that the facts did not support the charges preferred against him.
The High Court presided over by Mrs Justice Lydia Osei Marfo held that the appellant assertion that the victim was a cousin was an afterthought and he could not “come to court now and do all manner of gymnastics and introduce new facts in the matter.”
The Court held that the lower court took the plea of the appellant in accordance with the law.
The Court said it allowed the appeal on the excessive sentence, saying the appellant ought to be given a second chance.
The order of the High Court is to take effect from October 18, 2019, that is the date on which Ababio was sentenced.
The facts as presented by the prosecution then led by Chief Inspector Kofi Atimbire are that the complainant was a social worker at the Greater Accra Regional Hospital, Ridge.
The victim was a 15-year-old JHS 2 school dropout and a sister of Ababio, a 33-year-old self-employed.
Prosecution said somewhere in 2013, when the victim was nine year old, she was living with her parents at Sankore in the Ahafo Region when Ababio went for her so she could stay with him. Ababio then enrolled the victim in school.
It said the victim and Ababio lived at Kokrobite.
The Prosecutor said Ababio then began having sexual intercourse with his sister when she was nine years old, and he had multiple sexual intercourse with her and warned her not disclose the sexual act to anyone.
In the early part of the year 2019, the victim became pregnant, and Ababio was the one paying for her antenatal care.
On October 3, 2019, the victim went into labour and Ababio rushed her to the Bortianor Polyclinic and she was referred to the Greater Accra Regional Hospital, Ridge where she gave birth to a bouncing baby boy on the same day.
The victim was discharged but however referred to the Social Welfare Unit for assistance due to the non-payment of bills.
On October 16, 2019, the victim mentioned her eldest brother, Ababio as the one who defiled and impregnated her, and that Ababio was the father of the baby.
On October 17, a report was made to the Greater Accra Regional Domestic Violence and Victims Support Unit.
The Prosecution said when Ababio visited the victim, she identified him as the father of the baby.
It said Ababio was arrested and in his caution statement, he admitted the offence.
Prosecution said investigations revealed that Ababio was the eldest of nine siblings, including the victim and that the parents and siblings were aware of the issue at stake.