SUMMING UP
Ladies and Gentlemen of the Jury, accused person herein, Patrick Afun is charged with the offence of Rape.
Honourable members of Jury, you have sat through the full trial of this case and have heard the evidence of the Four (4) prosecution witnesses marshalled by the Prosecution in the attempt to prove their case against the accused person herein.
You will remember, honourable members of the Jury that Accused Person testified himself in defence of the charge against him.
He did not call any witness and apart from his witness statement, accused also relied on his investigation caution statement.
My duty at this stage of the trial is to address you on the position of the law on the offence of rape and summarise as near as possible the evidence of the Prosecution and the Defence to help you reach a verdict as to whether the Prosecution had led credible and sufficient evidence to secure the conviction of the accused herein; or whether the accused has led enough and credible evidence to cast reasonable doubt in the case of the Prosecution to escape conviction of the charge of Rape against him.
To begin with, I would like to refresh your minds on the facts of the case as presented by the Prosecution at the commencement of the trial.
The Facts of the case as presented by the Prosecution are that Epiphania Lumorvi, the victim of the alleged rape is a medical Counter Assistant undergoing internship at the Pharmacy Unit of the St. Anthony Hospital, Dzodze, while the Accused Patrick Afun is the head Pharmacist at the St. Anthony Hospital, Dzodze.
According to Prosecution, during the four (4) month period of her attachment, Epiphania lived with the Accused who happens to be the boyfriend to the victim’s younger sister.
Prosecution continued that on 22/3/2019 at about 20 00hrs, Epiphania Lumorvi asked the accused to administer ceftriaxone injection to her for the treatment of vaginal infection.
Prosecution said Accused himself said he mixed the ceftriaxone injection with Lidocaine before administering it to Epiphania Lumorvi.
Prosecution further stated that the victim later woke up around 2 am and noticed that she was completely naked in Accused Person’s bed and suspected of having been raped.
According to Prosecution, Epiphania Lumorvi enquired from the accused whether they had had sex and the accused confirmed that he had sexual intercourse with her.
According to Prosecution, Epiphania was helped by Richard Gavor, a Security man of the Hospita
