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Marwako case: Defence counsel’s application ruling March 27

The Abeka District Court has fixed March 27 to rule on an application compelling prosecution to provide defence counsel in the Marwako Restaurant case with documents it intend to rely on in the case.

This was after Mr Augustine Asarfo-Adjei, defence counsel moved the application ordering the prosecution to furnish them with all documents.

Mr Asarfo-Adjei argued that the application was grounded on Article 19 (1) (2) (e) and (g) which stipulates that the accused person be provided with adequate facility and time to prepare for his defence.

According to defence counsel, having commenced with the trial, it was important for the accused be given a fair hearing.

He explained that fair trial required that the accused person is given all facilities that would aid him in his defence and also cross examine that witnesses that prosecution may call.

It therefore prayed the court to order the prosecution to provide his client with documents to that effect.

According to counsel the failure of the court to order the prosecution to provide the defence with all documents would amount to an “ambush trial.’’

Prosecuting H.A. Hanson, who is opposed to the application but did not argue or file any opposition said the prosecution would abide by the decision of the court.

On March 22, this year, defence counsel filed an application on notice for prosecution to release documents they intend to rely on for trial.

According to Mr Augustine Asarfo-Adjei documents of prosecution including the statement of the victim would enable him conduct an effective cross-examination.

Prosecuting Chief Inspector H.A. Hanson informed the court presided over by Ms Victoria Ghansah that he has just received the application and would need to study and respond to it. 

The court therefore adjourned the matter to Thursday March 23, for prosecution to respond to the application.

Jihad Chaaban, a Lebanese supervisor at Marwako Restaurant, was put before the court for allegedly manhandling a female waitress of the restaurant.

Chaaban aged 26, was charged with offensive conduct by calling the alleged victim a prostitute, intentionally and unlawfully causing harm and assault.

Chaaban has pleaded not guilty to the charges.

He was on February 28, this year, alleged to have assaulted the victim Evelyn Boakye for fidgeting with a blender and working slowly.

Chaaban, a brother –in-law of the owner of Marwako Restaurant at Abelemkpe branch allegedly grabbed the neck of the victim angrily and dipped her face into a blended pepper which poured on the table.

Source: GNA

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