Court acquits and discharges Lebanese businessman of rape charges
A High Court in Accra has acquitted and discharged Rabih Haddad a Lebanese businessman, who was accused of raping his 19-year-old house maid in his house at Airport Hills in the year 2017.
Haddad was freed after a seven-member jury unanimously returned a verdict of not guilty on him. The court presided over by Mr. Justice George Buadi further ordered that Haddad’s passport which was taken away from him should be released to him unconditionally.
The court in its judgement, after the state had called nine witnesses including the victim, said Haddad’s defence and plea of alibi holds, adding that a call chat obtained at MTN indicated that the accused person was not at home when the said rape was committed.
Additionally, the court noted that out of the nine witnesses called, there was no collaboration in the evidence of eight of them.
According to the court, it was “dangerous” for the court to rely on the evidence of the eight witnesses and also that, courts frowned on relying solely on the evidence of a victim to convict.
The court said there was no evidence to collaborate the victim’s story which had some inconsistencies. There was also no direct evidence to the victim’s claim, noting the case of the state was completely opposite of what happened.
“It is dangerous to convict people only on the evidence of the victim, and that the victim’s claim had been denied and it also lacked the support of the eight witnesses”.
The court said the evidence of the victim was that Haddad wore a white pair of shorts while committing the offence. However the said clothing was not produced in court by the investigator to buttress the charge.
According to the Court, the medical doctor who examined the victim after the incident did not in any way linked the virginal discharge of the victim to Haddad.
The Court also indicated that the decision of the victim not to report the incident of rape, which she alleged took place on November 30, 2017 was quite surprising although the court admitted that the victim at the time of the incident could entertain some fears.
The case of the state was that the victim was employed as house help by Haddad and his wife in November 2017.
The prosecution said following her employment, Haddad pestered her for sex and on November 30, 2017, Haddad lured the victim into one of the bedrooms upstairs and forcibly had sexual intercourse with her when his wife and other occupants of the house had gone out.
The prosecution said on December 2, 2017, Haddad asked the victim to prepare him some coffee.
According to the prosecution when the victim went to the kitchen to prepare the coffee, Haddad followed her to demand sex from her but the victim resisted and that infuriated Haddad, who slapped her and hit the victim on the neck.
The prosecution said Haddad dragged the victim to the master bedroom, stripped her naked and forcibly had sex with her on a bed.
According to the prosecution, the victim reported her ordeal to a co-worker who gave the information to the Police officer who assisted the victim to report to the Domestic Violence and Victims Support Unit which took over the matter leading to Haddad’s arrest.
The State was represented by Victoria Asieduwaa, a Principal State Attorney and called nine witnesses including the victim to make its case
Source: GNA