We wish to make the following correction in our earlier publication on October 21, 2018, under the headline “St Joseph hospital sexual harassment case: Nurse, husband convicted” based on concerns of inexactness raised by the Court. We apologize to the Court for any harm caused.
The convicts were Terry Komla Kwakuyi, a businessman, his wife, Sheila Owari, a nurse with St. Joseph Hospital who was on study leave at KNUST. The third convict, Felix Nelson Antwi Darkwa, a farmer and friend to the couple were convicted on Assault, stealing and conspiracy, not for sexually entrapping the former Director of St. Joseph Hospital, Rev. Brother George Yankey Castro who was the complainant in the case.
The substantive case of alleged sexual harassment is still pending before Court.
For the avoidance of doubt and clarity, the following were charges against each of the convicts
Terry Komla Kwakuyi was charged on counts of Conspiracy to commit assault, causing unlawful damage, stealing, and offensive conduct contrary to section 23(1),84,172(1)(A),124(1) and 207 of the Criminal Offence Act (29) respectively.
Sheila Owari, the nurse was charged on counts of conspiracy to wit assault and abetment of crime to wit stealing contrary to Section 23(1) 84, 20(1) and 84 of the Criminal offences Act 1960, Act 29.
While Felix Nelson Antwi Darkwa was charged on counts of conspiracy to wit assault and abetment of crime to wit assault contrary to section 23(1)84, 20(1) and 84 of the Criminal offences Act 29.
During the trial, the prosecution was able to establish a prima facie case against the convicts and they were found guilty hereby of the various charges preferred against them with the exception of Komla Kwakuyi on count seven which could not be proved hence was acquitted and discharged on that count.
Judgement entered
On count 1, Komla Kwakuyi was sentenced to 40 penalty units in default three months imprisonment
He was again sentenced to 40 penalty units in default three months imprisonment on count 2.
On count 4, Komla Kwakuyi was sentenced to 60 penalty units in default six months imprisonment and finally sentenced to 80 penalty units on count 5, all to run concurrently.
Sheila Owari, the nurse was also sentenced to 40 penalty units on count 1 in default three months imprisonment and sentenced 80 penalty units on count 6 in default 10 months imprisonment. Sentencing to run concurrently.
Felix Nelson Antwi Darkwa was convicted to 40 penalty units on count 1 in default 3 months imprisonment and 40 penalty units in default 3 months imprisonment also to run concurrently.
This was after their plea mitigation had been taken into consideration
Note that each penalty unit is Ghc12
Therefore the nurse and her husband were fined a total of GH¢1,960 in default serve 10 months prison sentence each because the sentence is running concurrently while the third accomplice was also fined GH¢480 in default serves three months imprisonment
Reasons for the Judgement
The Judge, Her Ladyship Janet Animah Maafo sitting as additional Circuit Court Judge assigned the following reasons for her judgement.
The convict, Komla Kwakuyi in his caution statement confessed he assaulted the Complainant out of anger. His wife, Sheila Owari, corroborated that evidence in her statement to the Police that he did it when the complainant, Rev. Brother George Castro Yankey refused to remove his trousers.
The Couple arranged with Felix Nelson Antwi to video the Rev. Brother in their house and thus was videoed bare-chested in boxer shorts. Komla Kwakuyi held a dog and a wine rope. This caused fear and annoyance to the Rev. Brother Castro.
Felix Nelson Antwi abetted the offences stated in the charge sheet.
Komla Kwakuyo, Husband to the Nurse, caused damage to the spectacles of Rev.Brother Castro.
The Judge also explained that by taken away his spectacle without permission amounts to stealing.
Background
In May 2015, the nurse, Sheila Owari, alleged that, Rev. Brother George Castro Yankey as the Director of the St. Joseph Hospital demanded sex from her before he facilitates her promotion. The unending alleged sexual pestering from Rev. Brother Castro Yankey compelled her to inform her husband, Terry Komla Kakuyi.
According to the facts, tabled before the court by the prosecution, the couple hatched a hidden agenda against Rev. Brother Castro Yankey to entrap him.
On June 5, 2015, whilst Rev. Brother Castro Yankey was about leaving Koforidua to renew his passport in Accra, the prosecution said, Sheila Owari called him and pleaded that he passed by her home to deliver her share of food items given by the Hospital.
Sheila Owari according to the Prosecutor, Chief Superintendent Kofi Blagodzi, further requested Rev. Brother Castro Yankey to buy her a bottle of wine for her lecturer.
According to Rev. Brother Castro Yankey, per the facts presented to the court by the prosecutor, when he got to the house of Sheila Owari at Okorase on the direction, Sheila Owari, ushered him into the hall and offered him a seat and before he could sit, she attempted to unbutton his shirt which he resisted.
Suddenly, her husband and his friend appeared with a nylon whip and huge dog, accusing Rev. Brother Castro Yankey of attempting to have an affair with his wife, accosted and stripped him half-naked, ordered him to kneel down whilst filming and in the process, punched him in the face and broke his lenses valued GH¢400 and seized his passport, the prosecutor told the court.
The couple, the prosecutor further noted demanded $100,000 from Rev. Brother Castro Yankey to resolve the incident amicably and not to make the video go viral on social media.
On November 19, 2015, the husband of Sheila Owari stormed the St. Joseph Hospital with a Bailiff to serve a writ of summons on Rev. Brother Castro Yankey amidst insults which created an unpleasant scene in the presence of Staff and clients.
This compelled Rev. Brother Castro Yankey to report the matter to the Police leading to the arrest three convicts.
Sheila Owari’s husband was charged with conspiracy to commit assault, assault, causing unlawful damage, stealing and offensive conduct. Whilst, Sheila Owari was charged with conspiracy to commit assault, abetment of crime and stealing.
The third convict was also charged with conspiracy to commit assault and abetment of crime to and stealing.
Trial
During the trial of the case, Sheila Owari narrated that Rev. Brother Castro Yankey made several sexual advancements towards her at his office before he could approve her promotion. She also showed as evidence what she said were sexually explicit WhatsApp messages sent to her by the latter.
Touching on the incident that happened at her house, she said Rev. Brother Castro Yankey, started removing his dress in readiness to make love to her when he came to her house but upon seeing her husband appear he tried to wear it back.
However, in his evidence, Rev. Brother Castro Yankey denied ever harassing Sheila Owari, explaining that he only went to her house to deliver Christmas hamper and was assaulted and videoed in his boxer shorts.
Source: Ghana/Starrfmonline.com/103.5FM
