Lawyers for the Marwako Branch Manager who is facing a charge of assault at the Abeka District Court have served notice they will be filing a submission of no case.
The court had directed the accused to open his defence since a prima facie case had been established against him.
But the lawyers argued that on the basis an admission by the investigator in court Wednesday, they wished to make a submission of no case.
Jihad Chabaan has been accused of thrusting the face of caterer, Evelyn Boakye, into blended pepper.
In court on Tuesday, the investigator who handled the case admitted during cross-examination that the splash was accidental.
Detective Eunice Ashiagbor, an investigator with the Tesano Police Station has for the past two sittings been telling the court how she gathered enough evidence to proceed with the prosecution of the case.
In response to a question as to whether she found out during the investigations that the contents of the blender splashed onto the face of the accused accidentally, Detective Ashiagbor admitted that was so.
She, however, rejected the claim that there was no intent to put pepper into the Caterer’s eyes.
Magistrate Victoria Ghansah said a prima facie case had been established against Mawarko Branch manager for which reason he was to open his defence at the next hearing.
Lawyer De Medeiros then told the court owing to the admission by the Detective, they intended to file a submission of no case at the next hearing.
Speaking to the press after proceedings, Lawyer Julio de Medeiros said the admission by the detective was a confirmation of their belief from the start that the 26-year-old manager was innocent for which reason they will make the no case application.
Hearing of the matter continues on Wednesday, April 19, 2017.