Defence Counsel in the Marwako assault case had indicated his intentions to file a submission of no case before the Abeka District Court.
Mr Julio De Medieros, lead counsel was of the opinion that after cross-examining the case investigator, there was no case for his client Jihad Chaaban to answer.
Counsel contended that the case investigator in her response to a question admitted that during her investigations she got to know that the incident was attributed to an accident.
Mr De Medieros therefore prayed the court to furnish them with the evidence of the case investigator, Inspector Eunice Ashiagbor so they could file their submission to that effect.
However the court presided over by Mrs Victoria A. Ghansah has ruled that the prosecution has made a case against Chaaban hence he should open his defence.
‘After the close of prosecution case, the court is of the opinion that a prema facie has been made against the accused person hence he should open his defence,’ the court ruled.
Chaaban aged 26, is before the Court for allegedly dipping the face of Ms Evelyn Boakye into a blender full of blended pepper at the Abelenkpe branch of Marwako Restaurant.
Chaaban was charged with offensive conduct by calling the victim a prostitute, intentionally and unlawfully causing harm and assault.
Chaaban has pleaded not guilty to the charges and he is on bail.
The matter has been adjourned to April 19.
Earlier, Inspector Ashiagbor answering questions under cross-examination said it was not true that accused person’s intent was to put pepper into the eyes of the victim.
Defence Counsel (DC): In your investigations did you find out that the content of the blender accidently splashed in the face of the victim
Case Investigator (CI): No my Lord.
DC: You have failed to make a thoroughly investigations into the matter
CI: It is not true.
DC: How many people did you speak to during you investigation
CI: My Lord I spoke to about three to four persons.
DC: Name them
CI: I spoke to Susan Dolvo, Daniel Yaw Aseidu and one Abigail Adu Amoah.
DC: Did you speak to one Ali who told you that the victim had said that the incident was an opportunity to make money.
CI: Yes my Lord
DC: Did you investigate that.
CI: The complainant did not consent to that so I did not investigate that.
DC: Abigail Adu Amoah also told you that the victim had come to her saying that they were going to teach Jihad a lesson.
CI: No my Lord.
Witness further told the court that she spoke to people and got to know that the word ‘Sharamuta” used by accused person on the victim meant ‘Prostitute.’
Chaaban was on February 28, this year, alleged to have assaulted the alleged victim Evelyn for fidgeting with a blender and working slowly.
Chaaban, a brother-in-law of the owner of Marwako Restaurant at the Abelenkpe branch allegedly grabbed the neck of the victim angrily and dipped her face into a blender of blended pepper.
By Joyce Danso, GNA