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July 31, 2023
CIRCUIT COURT
GHANA
CORAM
RULING ON WHETHER THE PROSECUTION HAS MADE OUT A CASE FOR THE
ACCUSED PERSON TO ANSWER VERDICT
The accused person, a 42-year-old trader, was arraigned in court on 18th August 2022 on a
charge of defiling his 14-year-old stepdaughter in 2018 at Doboro in Accra, contrary to
section 101 of the Criminal and Other Offences Act, 1960 (Act 29).
The brief facts are that the complainant Evelyn Dzamesi (PW1), a caterer, who lives at
Doboro, is the victim’s mother. She was married to the accused person, a 42-year-old
building contractor who lives at Nsawam, Okanta. The three parties lived together at
Doboro. In the year 2020, while the family was sleeping in the same room, the complainant
woke up around 1 am to check on the tap and saw the accused person lying next to and
having sexual intercourse with the victim. PW1 screamed and the accused quickly jumped
off from the victim and went to lie beside PW1. This brought a misunderstanding between
them. PW1 insisted on sending the victim to the hospital for an examination but the
accused person refused.
When PW1 interviewed the victim the following morning, she said the accused person
started having sex with her when she was 11 years old. The victim said that in 2018 while
she was fast asleep, she noticed someone touching her and woke up to see the accused
person lying beside her. She tried to get up, but the accused person warned her not to andthreatened her not to tell anybody about his actions or else she would die. He then
removed her trousers and panty, pulled his boxer shorts to the knee level, inserted his
penis into her vagina and had sexual intercourse with her for the first time. This happened
on several occasions until the complainant caught them in the act.
After the incident, the accused person pleaded to perform some purification rites but
failed to do so. He abandoned the family and relocated to another place. When the
complainant reported the matter to FIDA, the accused person was invited and
interrogated. The matter was then reported to DOVVSU/AR. The victim was medically
examined, and a report submitted. The accused person was arrested but denied the
offence in his caution statement.
The prosecution called seven witnesses:
1. Evelyn Dzamesi, the complainant (PW1),
2. Priscilla Gator, the victim/survivor (PW2),
3. Torgbui Dzamesi the victim’s grandfather and complainant’s father (PW3),
4. John Dzamesi the complainant’s brother (PW4),
5. Det. P.W. Insp. Charlotte Duku,
AI Generated Summary
This Circuit Court ruling by Her Honour Judge Dora G. A. Inkumsah Eshun determines whether the prosecution made out a case requiring Moses Gator to answer a charge of defilement of his stepdaughter, Priscilla Gator, alleged to have occurred in 2018 at Doboro, Accra. The prosecution presented seven witnesses, including the complainant-mother, the victim, family members, the investigator, FIDA’s acting executive director, and a medical officer. A bone age report estimated Priscilla’s age between 14 and 16 as of July 2022, and the medical report recorded vaginal discharge and an absent hymen; however, these did not link the injury to the accused. The court identified major inconsistencies among witness accounts, investigative omissions (including failure to probe the Pokuase Abenso residence in 2018 or interview relevant witnesses), and possible alternative perpetration by stepbrother David Gator. Applying the Ali Kassena no-case standard and the Evidence Act burdens, the court found the evidence insufficient, manifestly unreliable, and discredited, and therefore acquitted and discharged Moses Gator; his sureties were discharged.