State To Appeal Onetouch Acquittal
4/15/2012 9:33:04 PM -
The State has declared its intention to appeal against the acquittal and discharge of , who was jailed for 10 years for defiling his 10-year-old daughter.
It is praying the Court of Appeal to quash the March 30, 2012 decision of the High Court which freed Prophet Onetouch who was doing time at the Nsawam Medium Security Prison.
A notice of appeal dated April 12, 2012 and filed on behalf of the state by a Principal State Attorney, Mr. Anthony Rexford Wiredu, stated that the High Court erred in law when it held that the lower court which jailed Prophet Onetouch was wrong in solely relying on the victim's evidence.
According to the appellant, the High Court position was not based on any law or evidence.
It said it would file additional grounds of appeal after receiving a copy of the High Court’s ruling.
Prophet Onetouch who has been in incarceration since March 9, 2010 regained his freedom on Monday, April 2, 2012 after prison authorities had received, studied and approved the necessary documents needed to warrant his discharge from jail.
He regained his freedom after spending 24 months, 23 days in lawful custody after the High Court, presided over by Mr Justice E. F. Dzakpasu, acquitted and discharged him of the crime.
Jesus Onetouch, who is the General Overseer of Jesus Blood Prophetic Ministry, was convicted on two counts of defilement and incest on January 20, 2011.
He, however, appealed against the Circuit Court’s decision.
In discharging Prophet Onetouch, the High Court held that the trial judge erred in relying solely on the evidence of the victim, when two prosecution witnesses had contradicted themselves and also when a police officer had testified that the victim had confided in him (police officer) that Prophet Onetouch was not responsible for any crime.
It further held that while a medical doctor from Akropong, had stated that hymens were mostly torn through sex and even indicated that it was mostly lost through sex by a 99.9 per cent margin, an experienced gynaecologist and obstetrics from the Ghana Police Hospital denied that assertion and also testified that hymens could be lost through accidents, games and even through inactions of mothers as well as birth defects.