Lawyers of Jihad Chaaban, the embattled Abelemkpe Marwako Branch Manager are pushing for out of court settlement in the assault case brought against the accused.
According to Julio Demedeiros, lawyer for Jihad, the case before the court was not a felony, one the court could grant the parties an out of court settlement.
He told the Abeka District Court in Accra that Evelyn Boakye, the complainant is, in his words, a hard working employee the company wants back into its fold.
Julio stated that the case had also attracted unnecessary media attention.
Quoting Section 73 of the Courts Act, he indicated that Jihad without admitting guilt is asking the court to allow the parties attempt a settlement.
He said “Any court, with criminal jurisdiction may promote reconciliation, encourage and facilitate a settlement in an amicable manner of any offence not amounting to felony and not aggravated in degree, on payment cases of compensation or on other terms approved by the court before which the case is tried, and may during the pendency of the negotiations for a settlement, stay the proceeding for a reasonable time and in the event of a settlement being effected, shall dismiss the case and discharge the accused person.”
Julio added: “…if pepper has accidently splashed into her eyes, we would pray that my lord gives us the opportunity to settle this matter”.
The prosecutor, Chief Inspector Armah Hanson opposed the application for an out of court settlement.
He contended that Jihad had been slapped with three charges-assault, offensive conduct and intentionally and unlawfully causing harm.
C/Insp. Armah said if the defense would wish to concede, then they ought to concede well.
He said the State was concerned in the case.
But the trial judge, Ms Victoria Ghansah said the court would adjourn its decision until April 10 because of the issue that had emerged from the trial.
She said in the course of the trial Augustine Asarfo Adjei had accused the complainant of coming to court because she (Evelyn) wanted good money.
The court held that it would have to consider these issues before it grants the request or not.
The judge opined that the defense should just not go and compensate the complainant and go out to say that she (Evelyn) just wanted money.
So far the state has lined up three witnesses to affirm its case against the accused.
These are the complainant, Susan Dovlo and one Yaw Asiedu, a security man who claims he saw Evelyn’s face dipped in blended pepper although he was not at the scene of the incident.
The business of the day which was for the prosecution to bring the fourth witness was however scuttled.
Jihad, 26, is reported to have dipped the head of Evelyn into blended pepper on February 26, 2017.
According to the prosecution, the accused offensively conducted himself when he angrily called the complainant a ‘prostitute’.
Jihad is facing an additional charge of intentionally and unlawfully causing harm to Evelyn.
Jihad, a Lebanese supervisor at Marwako Restaurant, was put before the court for allegedly manhandling a female waitress of the restaurant.
The accused, who has pleaded not guilty to the charges, is a brother–in-law of the owner of Marwako Restaurant at the Abelemkpe Branch.
By Jeffrey De-Graft Johnson