Try asking the following...
Try asking the following...
August 15, 2023
CIRCUIT COURT
GHANA
CORAM
JUDGMENT
FACTS:
The accused person was charged and arraigned before this court on 17th
March, 2022 on a charge of defilement contrary to section 101(2) of the
Criminal offences Act, 1960(Act 29).
The brief facts presented by the prosecution are that the complainant,
Emmanuel Tetteh Narh is the father of the alleged victim, Joseph Tetteh a
seven-year-old class two pupil of Prime Systems School located at Old Ningo.
The accused person is also the class teacher of the victim who lives at Old
Ningo. The prosecution alleges that on 11th March, 2022 at about 2:30pm,
whilst the alleged victim was at the school gate waiting for the school bus to
go home, the accused person took him into the class two classroom and
pulled down shorts of the alleged victim to his thigh level. The accused person then opened his trousers zip, sat on a chair and ordered the alleged
victim to sit on his laps. After that, the accused person inserted his penis into
the anus of the alleged victim whilst holding his waist. The prosecution
further states that some of the pupils in the school saw the accused person in
the act and quickly informed the senior brother of the alleged victim in the
school by name Paul Tetteh. However, when the said brother got to the
school, the accused had finished defiling the victim. The senior brother of the
alleged victim subsequently informed his mother Patience Tetteh who in turn
informed the complainant who went with the alleged victim to the Old Ningo
Police Station to lodge a complaint. Subsequent to that, a police medical
report form was issued to the complainant to send the alleged victim to
hospital for treatment. The Complainant returned the medical form duly
endorsed by a medical officer. The prosecution further alleges that when the
accused person was arrested, he admitted the offence in his caution statement.
After investigations, he was charged with the offence and arraigned before
the court.
THE PLEA
The accused person who was represented by Counsel pleaded not guilty to
the charge after it had been read and explained to him in the English
language. The accused person having pleaded not guilty to the charge put the
facts of the prosecution in issue and the prosecution assumed the onerous
burden to prove the guilt of the accused person beyond reasonable doubt.
BURDEN OF PROOF
A fundamental principle of our criminal justice system is that a person
accused of a crime is presumed innocent until he has pleaded guil
AI Generated Summary
In a Circuit Court criminal trial in Ghana, Her Honour Agnes Opoku-Barnieh convicted Emmanuel Dome Koulewossi, a class teacher at Prime Systems School, Old Ningo, of defilement under section 101(2) of Act 29. The prosecution’s case centered on the testimony of seven-year-old Joseph Tetteh, who described how Koulewossi took him into the classroom and inserted his penis into his anus after school. Joseph’s father, Emmanuel Tetteh Narh, reported the matter to police, leading to a medical examination by Dr. Alhassan Haifa that revealed anal trauma consistent with penetration, and an investigation by D/Inspr. Chigati Lenard Adda. The court excluded hearsay from other pupils, credited the child’s consistent testimony, and relied on Koulewossi’s caution and charge statements admitting the conduct. Finding the elements of defilement and identity proven beyond reasonable doubt, the court sentenced Koulewossi to sixteen years’ imprisonment and ordered counselling for the child.