The court, presided over by Isaac Adjei, however ordered the accused person to surrender his driving licence, passport and any travel document to the registrar of the court – and two among the three sureties must be civil servants before the execution of the bail.
It further ordered the accused person to report himself to the Tema Regional Police Commander or the Domestic Violence and Victim Support Unit (DOVVSU) of the Ghana Police Service at the Tema Region every Monday and Friday until otherwise directed.
His counsel provided a medical document from the Tema Polyclinic where the accused was said to have sought medical attention for suffering from epigastric ulcer as a result of his refusal to eat since his arrest.
Thirty-four-year-old Nicholas Kwame Woode was said to be showing symptoms of burning pain, vomiting and weight loss in cell and he was sent to the Polyclinic where he was diagnosed of the health problem.
Nicholas is now facing two counts – raping a 22-year-old student of a private university and during investigation, it was established that he was an imposter who paraded him as a medical officer with the Korle-Bu Teaching Hospital in Accra.
Earlier on August 7, 2014, the court had refused him bail on the grounds that the defence team did not provide sufficient evidence on the accused person’s ill-health, and also investigation was yet to be completed.
The prosecution had earlier opposed the application because of the ill-health of the accused and the fact that investigations into the matter had not been completed, mentioning that the document was an ordinary letter and not authentic medical report from the health centre.
Counsel for the accused, Oscar Asante, said his client had been in detention since July 18, 2014 when he was arrested, at the instance of the prosecution, for the purpose of concluding investigations into the matter.
In his ruling yesterday, Mr. Isaac Adjei claimed he did not find a legislative support to the effect that when an accused was standing trial and was in custody, he should be granted bail because of ill-health, adding that that was inconsistent with provisions of the Criminal Procedure Code.
He however, referred to a Supreme Court decision that gave the court discretion to handle matters of such nature when there was an authentic medical report; and based on direction, granted Kwame Woode bail.
On the issue of lack of factual basis for the trial of the accused person raised by his counsel, the judge said it was also the court’s duty to determine whether the facts of the case supported the charge or not.
From Vincent Kubi, Tema
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