Benjamin Ebenezer Maccarthy, 70, who was sentenced for defilement by a High court, has filed an appeal against the verdict, saying he was unable to sustain erection when the said offence was committed.
McCarthy, who is now serving a seven-year jail term, said he never defiled the victim and that he was framed up.
The court presided over by Mr Justice Mustapha Habib Logoh noted that McCarthy was frequenting his court but it did not have records as whether the malfunctioning of his manhood took place before or after the offence was committed.
According to the court there were no records on the docket indicating that a Circuit Court gave orders for a test to be conducted on Maccarthy before the trial commenced.
It, therefore, tasked an Attorney from the Attorney General Department to furnish the court with the necessary records as the appellant had been frequenting his court.
The court adjourned the matter to March 11.
Maccarthy was sentenced to seven years imprisonment by an Accra Circuit Court on January 10, 2011.
He has however appealed against the conviction on the basis that he could not sustain erection and the matter was a frame up.
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