AN Accra Circuit Court yesterday, dismissed an application of ‘no case’ filed before it by the counsel for Dr. Ali Gabass, a medical practitioner at the Effia Nkwanta Government Hospital, standing trial for sodomising a 16-year-old student on five occasions.
The court also ordered him to open his defence on May 13.
The defence counsel contended that there was no case for them for which to open defence.
However, the prosecution strongly opposed the view of the defence counsel and filed their submission, and prayed the court not to grant the request by defence counsel, and also to compel them to open their defence in the case.
The court then adjourned the case to yesterday for ruling on the application.
Delivering the judgement within five minutes, the court, presided over by Mrs. Rita Agyemang-Budu, said the defence counsel were unable to discredit the evidence of the prosecution witnesses who testified in the case.
The judge also stated that she could not on the face of the evidence available, grant the plea of the accused, and subsequently dismissed the application and ordered them to open their defence.
However, defence counsel, John Benson, declared his intention of appealing the judgement, insisting that no case had been made against his client.
Five witnesses, including 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.
The other witnesses were the investigator, Dr. Nii Aryee, a surgeon at the Korle-Bu Teaching Hospital who diagnosed the victim after an anal fistula and anal rectal abscess surgical operation, and the victim’s father.
Deputy Superintendent of Police (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 was a student at Kasoa while Dr. Gabass was 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 in front 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 GH¢20 which he initially turned down, but was coerced to accept later.
The victim later fell ill and informed Dr. Gabass who prescribed paracetamol for him.
Dr. Gabass is still in prison custody.
By Edem Mensah-Tsotorme