Ex-Communicator acquitted & discharged
On January 22nd, 2024, after a criminal trial lasting almost three years, Judge Dorinda Smith Arthur of Cape Coast Circuit Court 1 delivered the following verdict: “After considering the submissions of no case made by the defense counsel, and reviewing the evidence presented, I uphold the submission of no case. Therefore, the accused persons, Atta Mensah and Kwesi Dawood, are acquitted and discharged.”
During cross-examination, it was revealed that the complainant, Mavis Abena Agyeiwaa Ayittey Arhin, had never been in a relationship with Mr. Dawood, but had instead been in a four-year relationship with Mr. Mensah. Additionally, in an effort to establish the truth, Mr. Dawood requested a paternity test during the trial. The test was conducted by the Trust Hospital’s DNA Clinic on March 28th, 2022, and the results showed that Mr. Dawood was not the biological father of the child in question.
It was clear from the testimony of the complainant, who is also the mother of the alleged survivor, that she knew Mr. Dawood was not the biological father even before the paternity test. This fact, along with the DNA test results, which were accepted by the court, led to the submission of no case being upheld for the charge of incest against Mr. Dawood.
The behavior and responses of the complainant during cross-examination indicated that she knew Mr. Dawood was not the biological father of her daughter. Furthermore, she displayed disrespect and a lack of remorse towards the court after the DNA results were revealed. This, along with the evidence presented, supported the decision to uphold the submission of no case for the charge of incest against Mr. Dawood.
It was also established that the complainant failed to cooperate with the police in establishing the biological relationship between Mr. Dawood and the alleged survivor. This lack of cooperation hindered the investigation. The complainant’s refusal to comply with requests for a DNA test further demonstrated her knowledge that her claims against Mr. Dawood were false.
The attitude and responses of the complainant and her daughter in court betrayed their lies and fabricated stories. The prosecution relied heavily on these false claims, but without any corroborating evidence, their case failed to convince the court.
In summary, the court found that the prosecution failed to establish a prima facie case against the accused persons for the charges of defilement, incest, assault, and abortion. Therefore, the accused persons were acquitted and discharged. The case was considered to have collapsed, and a submission of no case was entered in accordance with the law.
