Yirenkyi, who is serving a 10-year jail term for incest and defilement, has appealed against his conviction. When the case was called Mr Rexford Anthony Wiredu, Principal State Attorney, was not present.
Mr K.N. Adomako Acheampong, one of Yirenkyi’s lawyers, pointed out to the court that the state had not filed its “short address” as it promised at the last sitting. According to Mr Acheampong, if the Office of the Attorney-General was not going to contest the appeal then there was no need to keep Yirenkyi in custody.
Mr Acheampong said based on the State’s own authority cited to buttress their points, the court should quash the conviction and the sentence of Yirenkyi. He said they had been in court on five occasions and if the state opposed their case it would have made that clear.
Mr Acheampong and Mr Samuel Atta Akyea, lawyers of Yirenkyi, prayed the court to rule on the matter at Wednesday’s sitting. The court, however, disagreed with the counsel’s assertions,
saying it would like to study the matter properly and deliver its judgment. “It may be that I would disagree with counsel on both sides,” the judge, Mr. Justice E.K. Dzakpasu, said.
In a Notice of Appeal before an Accra High Court, Yirenkyi is praying the court to quash the decision of the Circuit Court because his conviction and sentence were against the weight of evidence.
According to Yirenkyi, the trial judge, Mr Georgina Mensah Datsa, convicted and sentenced him without taking into consideration the evidence given by two prosecution witnesses – Assistant Commissioner of Police Dr Samuel Amo-Mensah, an obstetrician and gynaecologist at the Police Hospital, and a Police officer stationed at Akropong.
According to the appellant the evidence of the two witnesses raised doubts in the case of the prosecution. The appellant also contended that the trial judge failed to advert her mind on the “sheer implausibility of the evidence, especially that of the victim and her mother”.
On January 20 this year, the Circuit Court sentenced Yirenkyi to 10 years’ imprisonment each on two counts of incest and defilement after it found him guilty. The sentences were to run concurrently.
The prosecution’s case was that the victim, born out of wedlock, lived with her mother, Madam Asamaa, until 2005 when she left to live with the convict at McCarthy Hill in Accra to attend school.
It said between 2008 and 2009, Yirenkyi started defiling the victim each time he attended church service. In November 2009, the accused asked the victim’s mother to talk to her because she was misbehaving. It was during the interaction with her mother that she revealed her ordeal indicating that Yirenkyi had sex with her on Tuesdays, Saturdays and Sundays and used a white handkerchief to wipe his sperm.
The victim was initially examined by a medical doctor and later transferred to the Police Hospital for further treatment.
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