Trial of Dr Sulley Ali Gabass, the senior medical officer at the Effia Nkwanta Regional Hospital in Sekondi, is expected to resume today.
The court on December 1, 2014 adjourned the case to today because prosecution had at the last sitting said that the victim was receiving medical attention at the Korle-Bu Teaching Hospital.
The prosecutor, DSP Aidan Dery, had submitted a medical form of the victim from the Korle-Bu Teaching Hospital signed by one Dr Mensa Amoah requesting that the victim be excused from duty for a week.
It was the second time the court, presided over by Mrs Rita Agyemang Budu, had adjourned the case at the instance of the victim who was expected in court to continue his cross examination by counsel for the accused person.
Consequently, the defence counsel repeated their earlier application for bail for Dr Gabass.
They argued that the victim could not tell when he could appear before the court for the hearing to continue; neither could the prosecution do same.
According to Dr Gabass’ lawyers, the accused person has pleaded not guilty and remains innocent until otherwise proven, adding that “there is a genuine reason for which the court can grant bail to the accused person.”
DSP Dery opposed the application for bail by the defence counsel.
He reminded the court to be mindful of the fact that the offence for which the accused had been hurled before the court was non-bailable.
The police officer said the trial had not been unduly delayed and that the victim was not in court because he was at the hospital receiving medical attention.
However, Mrs Agyemang Budu in a ruling upheld the request of the prosecution and denied the accused person bail.
She said the charges preferred against Dr Gabass were both non-bailable offences, indicating that it was not “expedient” to do so.
She accordingly ordered that the accused be returned to Nsawam prisons where he had been.
Dr Ali Gabass has been in custody over a two count charge of defiling a child under 16 years and unnatural carnal knowledge, offences he has denied.
He is alleged to have, in the months of October 2013 and April 2014 at Kasoa and Alajo, had unnatural carnal knowledge of the victim aged 15.
According to the police, in October 2013, Dr Gabass arranged and met the victim at Kasoa New Market Area where he forcibly had anal sex with him in his car in front of the Kasoa HFC Bank.
During police interrogation, Dr Gabass admitted knowing the victim as a friend but denied having anal sex with him.
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