A 31-year-old Security Man, Joseph Kodua, appearing before an Accra Circuit Court after allegedly sleeping with his 12-year-old daughter has told the court since he was under the duress of Alomo Bitters, he is not too sure if he indeed slept with his daughter.
The incident, according to the prosecutors, happened at Agbogba in Accra.
He narrated to the court that after drinking 4 sachets of Alomo Bitters, he couldn't recount what exactly happened.
The court, presided over by Mrs Christina Cann, earlier ruled that a prima facie case be made against him on the charge of defilement and incest.
The court, however, acquitted and discharged him on the charge of the threat of death.
This was after the prosecution had called three witnesses to make their case.
The court held that the prosecution could not prove the essential ingredients in the charge of threat of death but ruled that, on the charges of defilement and incest, prosecution had established a case, hence the defence.
Kodua, under cross-examination on Thursday, denied having sex with the victim, adding that he had been drinking.
He further explained that he was sad after his sister had accused him of sleeping with his daughter, and that because of the accusation he got drunk after taking four sachets of 'Alomo' bitters.
Kodua disagreed with prosecution's assertion that in his statement to the Police he had stated that because his sisters had accused him of sleeping with his daughter, he decided to have sex with her.
The facts narrated by Chief Inspector Judith B. Asante are that the complainant is a 50-year-old trader residing at Madina whiles the victim is a class four pupil and a niece to the complainant.
Chief Inspector Asante said Kodua, father of the victim and a brother to the complainant, did not have a specific place of abode.
On July 15, 2019, at about 1500 hours, Kodua went to pick the victim from her aunt's place and took her to his duty post at Agbogba, near Crown Hospital.
Chief Inspector Asante said at about 1800 hours, Kodua told the victim it was late to take her back to her aunt, hence she should sleep at his duty post with him.
Prosecution said in the night, Kodua allegedly lay beside the victim and tried to kiss her but she refused.
He was also said to have applied pomade to the victim's hands and asked her to massage his penis, which she again refused.
Kodua allegedly threatened to kill the victim with a hacksaw blade and a knife if she failed to comply with his orders and forcibly had sex with her that night and again at the dawn of July 16, before sending her back to her aunt, prosecution said.
Chief Inspector Asante said the next day, Kodua went to the victim's school during class hours and tried to take her to his duty post but authorities refused and informed the complainant about the situation.
The “complainant reported the case to Police and at the Police station, victim was interviewed and she disclosed her ordeal to the Police,” prosecutor said.
He said a medical report was issued by the Police to the complainant to send the victim to hospital for examination, treatment and endorsement of the form.
The accused was arrested and in the course of investigation he was admitted to police enquiry bail to be reporting while victim was asked to stay with the complainant temporarily.
Prosecution said on August 1, last year, Kodua forcibly went to pick the victim from the complainant and took her to his duty post but was re-arrested by the Police and the victim was rescued.