The Circuit Court in Accra presided over by Her Honour Mrs. Ellen Offei Aryeh has threatened to revoke the bail conditions of a Lebanese man and his son who have been charged for causing harm.
This was after the Simon Anthony Saoud, the 2nd accused person failed to show up in court for the trial of the case to commence.
The court per its case management completion plan had fixed today for the trial to start but the inability of the 2nd accused to show up meant, the trial could not start, leaving the judge warning to revoke their bail.
A 59-year-old Lebanese man Simon Anthony Saoud and his son Kelvin Saoud, 29, have been charged for conspiring to cause harm to a businessman, Charles Otoo.
The two are said to the owners of Alternative Apartment at Spintex have been charged for their respective roles which led to the businessman being shot in the leg.
The victim had gone to visit his ex-girlfriend Tatiaina Elovskaia upon invitation on December 26, 2021.
In court today, when the matter came up for the trial to commence, the 59-year-old Simon Anthony Saoud, the 2nd accused was absent.
Per an excuse duty to the court, it indicated that, he was out of the jurisdiction to Lebanon for medical evaluation, a development, the prosecution raised red flag and prayed the court for a bench warrant to be issued for his arrest and also to review their bail conditions.
The court after listening to the parties and the circumstances surrounding the case, ordered Kevin Saoud, the 1st Accused who was present in court to deposit both his Ghanaian and Lebanese passport to the registrar of the court by Wednesday, August 24.
The court said, the order is mandatory and that his bail condition would be deemed incomplete should he fail to comply.
The case has been adjourned to September 7, 2022 hoping the 2nd Accused would have returned for the trial to start.
Amended charge sheet
In a second amended charged sheet put before the Court in Accra, the accused were slapped with three charges.
Kelvin Saoud and his father Simon Anthony Saoud have been charged together for conspiracy to cause harm.
While Simon Anthony Saoud was separately charged for causing harm and discharged of firearm without lawful authority.
They have both pleaded not guilty to their respective charges and are to remain on their previous bail.
The court has directed the prosecution to file their disclosures and witness statements on or before June 6.
The case has been adjourned to July 13 for case management conference.
Charles Otoo, the victim who was earlier charged but was later discharged upon his lawyers had written to the Attorney-General’s Department, he is now the complainant in the matter.
Brief facts
The brief facts of the case as presented to the court by Inspector Daniel Ofori-Appiah, the prosecutor, were that, on December 26, 2021 at about 2030 hours, the Okpoi-Gonno District Command received information from the Police Control Room to the effect that a group of people had engaged in a fight at Alternative Apartment located on the Spintex road behind the Robinhood Hotel.
He said, upon receipt of the information, the Baatsonaa Divisional Command led by Chief Superintendent Julius Kpeberson proceeded to the scene to ascertain the situation.
The prosecutor said, the Police investigation revealed that, complainant Charles Otoo visited his Russian ex-girlfriend at the Alternative Apartment.
Otoo after spending some time with the girlfriend in town, decided to return to the girlfriend’s apartment at the 4th floor of the said apartment.
But, the two had difficulties in opening the door to her apartment which led to an argument between the two.
Inspector Ofori-Appiah said, one Serge Osta, who also lives in the apartment approached them to offer his assistance but in the process, a misunderstanding ensued between Serge Osta and the complainant which resulted into a fight.
He told the court that, Kelvin Saoud (A1) and his father Simon Anthony Saoud (A2) who are the owners of the apartment and also resides there, heard the noise and rushed to the scene to find out what was happening.
Armed with pistol
Inspector Ofori-Appiah said, A2 while going armed himself with a Beretta pistol with serial number H77123Z.
He said, A1 and A2 trying to separate Serge Osta and the Complainant heightened the quarrel.
The prosecutor said, A2 managed to call Kennedy Atongo who is the security man for the apartment to the scene.
However, A2 ordered Kennedy Atongo to move the complainant who was suspected to be heavily drunk to the vehicle.
“They all moved to the ground floor and the complainant was ordered to move out of the premises.”
More confusion
The prosecutor told the court that, in the process, another confusion came between the complainant and A1.
He said, the Complainant during the melee that ensued remarked that he had a gun in his vehicle and was going to pick it.
“A2 who is the father of A1 upon hearing that gave a warning shot to the air to stop the complainant.”
He said, the action of A2 infuriated the complainant and he approached A2 which resulted in a struggle.
Inspector Ofori-Appiah said, during the struggle, the gun went off hitting the complainant on the right foot.
Hospital
He told the court that, Kennedy Atongo and the complainant’s ex-girlfriend Tatiaina Elovskaia took the complainant into his own vehicle and sent him to Inkoom Hospital for medical attention.
The Baatsonaa Divisional Commander led by Chief Supt. Julius Kpeberson visited the complainant at the said facility to ascertain his condition.
“Per the allegations made by A1 and A2 that the complainant has a gun in his vehicle prompted the Divisional Commander to search the complainant vehicle and when the search was conducted a pump action gun GX812 with serial number 18A8407 with 8 rounds of ammunition were retrieved from the complainant’s vehicle.
“Both the Beretta pistol with 11 rounds of ammunitions and Pump action gun has been kept for evidential purposes.
“Complainant was later transferred to 37 Military Hospital where a surgery was performed on his right foot and has since been discharged. Al and A2 were eventually arrested and detained in police custody to assist in investigations.
Investigation cautioned statements were obtained from them after investigations accused persons were charged and arraigned.
Source: Ghana/Starrfm.com.gh/103.5FM/Murtala Inusah
