The Abeka district court presided over by Victoria Ghansah has dismissed the oral application of lawyers of Jihad Chabaan, seeking an out of court settlement in the Mawarko abuse case.
The court Monday said in light of the fact that Police prosecutors have already began the prosecution process and have actually called three witnesses, who have also been cross examined, it will only be right for the court to also hear the accused person’s testimony.
The court said granting or refusing the application is a discretionary power vested in the court and as a result, the court has decided to exercise its power by refusing the application forthwith.
Defence lawyers have made another oral application just after the ruling of the court. This time round, they are asking for the recall of the star witness and victim of the Pepper attack.
Coming under section 79 of the Evidence Act which deals with the recall of witnesses, the defence lawyers claim that there are vital questions that they should have sort answer to from the victim which they did not, and therefore are praying the court to allow them to have a second bite at cross examining the victim.
Police prosecutor, Hanson Armah is vehemently opposed to the application. He said the lead counsel together with his three other colleagues had a fair opportunity to examine the victim. She has since been discharged and that should settle the matter.
The presiding Magistrate, Victoria Ghansah, says the multiple applications by defence lawyers is meant to unduly delay the case. She has subsequently dismissed the latest application and ordered prosecution to continue with their case.
Fourth prosecution witness in the case, detective Inspector Eunice Ashiagbor, the investigator handling the case has been called and she is being led to give her evidence after which she will be cross examined by defence lawyers.
