An Accra Circuit Court yesterday set May 7, to rule on a submission of “no case” filed before it by the counsel for the defence in the alleged sodomy case involving Dr. Sulley Ali Gabass, a medical practitioner at the Effia-Nkwanta Hospital in the Western Region.
This follows a submission of “no case” brought before it by defence counsel, indicating that their client had not been implicated in the offence which he was alleged to have committed.
According to them, there was no case for them to open their defence to contest the prosecution on the matter.
They therefore impressed upon the court to dismiss the case of the prosecution, and discharge their client of the alleged rape case.
However, the prosecution strongly opposed the view of the defence counsel and filed their submission praying the court not to grant the request by the counsel for Dr. Gabass, in order for them to open their defence in the case.
The court, presided over by Mrs.Rita Agyemang-Budu, after listening to the submission from the two parties set May 7, for ruling on the case.
At the last sitting on April 10, the court adjourned the case to April 17.
However, the court could not sit due to the inability of the two parties to appear before the court on time as scheduled.
The case was then adjourned to yesterday for hearing.
Five witnesses, among them the victim and Manasseh Awuni Azure , the journalist who first published the story which led to the arrest of the accused and his subsequent prosecution , testified as first and second prosecution witnesses respectively.
The other witnesses were the investigator, Dr.Nii Aryee, a surgeon at the Korle-Bu Teaching Hospital who diagonosed the victim after an anal fistula and anal rectal abscess surgical operation and the victim’s father.
Deputy Superintendent (DSP) Idan Derry, prosecuting earlier, told the court that the accused between October 2013 and April 2014 sodomised the teenager five times at Kasoa in the Central Region and Alajo in Accra.
He said the victim is a student at Kasoa while Dr. Gabass is a medical practitioner at the Effia-Nkwanta Regional Hospital in Takoradi.
Dr.Gabass is said to have encountered the victim on Facebook in September 2013, they became friends and later established contacts on phone and online.
He told the court that in October 2013, Dr. Gabass arranged and met the victim at Kasoa New Market area and had anal sex with him in his car infront of a bank .
On December 28, 2013, at about 7 p.m., he again met the victim at Kasoa and had sex with him after which he gave him a Samsung Galaxy phone and GHC¢20 which he initially turned down, but was coerced to accept it later on.
Thereafter, the victim fell ill and informed Dr. Gabass who prescribed paracetamol for him.
Dr. Gabass is still in prison custody.
By Edem Mensah-Tsotorme