The Abeka District Court in Accra has dismissed the application for out-of-court settlement in the assault case brought against Jihad Chaaban, a Lebanese who is the Abelemkpe branch manager of Marwako Restaurant.
In the view of the court, presided over by Ms. Victoria Ghansah, although the application was within the rights of the accused person, it was fair for the court to give the accused the opportunity to be heard, especially when he insists on his innocence.
Ms. Ghansah argued that the court’s position is to do justice to both parties in the case.
The court held that the case has generated public interest – one that requires that it undergoes full trial.
According to the judge, although the case is a misdemeanor which the Court Connected Alternative Dispute Resolution (CCADR) is allowed in some cases, not all cases must go for ADR, indicating that the defence had also accused the complaint, Evelyn Boakye (the victim), of coming to court because she wanted money from Jihad.
Appeal
Julio Demedeiros, lawyer for Jihad, said the defence disagreed with the decision and would seek an appeal at a higher court.
As if the refusal was not enough, the lawyer filed yet another oral application urging the court to recall Evelyn into the witness box.
He argued that the court ought to order that Evelyn be dragged into the box for the defence to put to her fresh evidence they did not have when she was in the box.
With particular reference to Section 79 of the Evidence Act, Julio was emphatic that the court ought to give them the opportunity to “confront the accuser.”
Mr Demedeiros stated that in every case, the facts are one and only one, insisting that in the instance case, Evelyn has “in her belly different versions of the facts.”
Julio claimed that Evelyn has said to numerous people some important things they are ready to come before the court and testify.
Delay Tactics
The prosecutor, Chief Inspector Armah Hanson, opposing the application, accused the defence team of delaying the trial.
He said the lawyer was furnished with the statements of the complainant and also cross-examined the complainant after her evidence in-chief for four days.
The trial magistrate, dismissing the latest application, remarked, “Whatever you do, one day this matter will come to an end.”
She noted that the defence lawyers meant to delay the court process with one application after the other.
Ms. Ghansah asserted that those “new” pieces of evidence the defence was referring to were not before the court.
Fourth Witness
Meanwhile, the case investigator, Detective Inspector Eunice Ashiagbor, took her turn to testify in the case as the fourth prosecution witness.
She corroborated the evidence of the last three prosecution witnesses namely, Evelyn, Susan Dovlo and Yaw Asiedu – the security guard on duty on the day of the incident.
The senior police officer who said she had been an investigator for 14 years, is due for further cross-examination tomorrow.
Chagres
Jihad, 26, is reported to have dipped the head of Evelyn – a cateress at the restaurant – into blended pepper on February 26, 2017.
According to the prosecution, Jihad offensively conducted himself when he angrily called the complainant a ‘prostitute.’
Jihad is facing an additional charge of intentionally and unlawfully causing harm to Evelyn.
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