An Accra High Court on Thursday adjourned to July 6, the case of an eighty-seven year old man who is accused of raping a 79-year-old bed ridden woman (name withheld) at Aburi in the Eastern Region.
The court, however, ordered the state to file an affidavit in relation to the case so that it could take a decision in respect of the matter.
Kofi Aduobi, unemployed, has filed a motion for bail pending trial, saying his continuous incarceration was having serious implication on his health, as he kept visiting the Tetteh Quarshie Memorial Hospital.
The court presided over by Mr Justice A.K Okwabi said the court wanted to know the health conditions of both the appellant (Aduobi) and victim in question.
According to the court, the police alleged that the victim had never spoken since the incident, adding that, it would like to know if the action of Aduobi was responsible for the victim’s state.
It, therefore, urged the state to hasten the process to enable it to take a decision, because of the ages and health of the two people involved.
Mr Dominic Bamako, a Senior State Attorney, represented the Attorney General whiles Mr Baffoe Bonney represented Aduobi.
Adoubi is contending that on May 23 this year, he was arraigned at a Magistrates’ Court in Aburi after he had been kept in Police custody for over five days without being brought to a court of competent jurisdiction.
He said an application for bail made before a Magistrates' Court was declined in the initial stages of his incarceration and that the police has been sending him to the hospital.
According to Adoubi’s motion, he was unable to eat properly at the cells and has hearing impairment.
Adoubi contends that if he continues to stay in the cells, it could be dangerous for his health.
Defence Counsel further admits that though the offence, under which he had been charged was non-bailable, considering the circumstance of the case, he could be admitted to bail.
According to the motion, if Aduobi was granted bail, he would make himself available for trial as he has denied ever committing that crime as stated in the charge sheet.
“Applicant is willing and capable of abiding by the conditions if granted bail and was in no way going to interfere with investigations.
“Applicant is a peace loving member of the society, who would not engage in any violent conduct,” the motion said.
The facts as produced by the Police are that, Adoubi is a native of Aburi Akuapim in the Eastern Region and he currently resides there.
According to the Police the complainants are the children of the victim.
Police say the victim had been bedridden for some time now, and that, on May 23, this year, at about 1400 hours, the complainants returned from town and entered the victim’s room only to see Adoubi busily having sex with the victim.
The complainants assaulted the suspect and handed him over to the Police. The suspect stated that, he started dating the victim since 1996 and had been having regular sex with the victim.
According to the Police, Adoubi has indicated that he has witnesses, who would attest to that, adding that, his sexual encounter with the victim was consensual.
Police say the victim was “speechless” and they were yet to receive a medical report of the victim.
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