The Gender Based Violence Court (GBVC) has acquitted and released a building contractor accused of defiling his 14-year-old stepdaughter in Doboro, near Accra.
Moses Gator, 42, was freed by the court presided over by Mrs. Dora Eshun.
Gator, at the end of the prosecution’s case, filed a submission of no case and the court upheld it and freed his sureties as well.
Gator, who was charged with defilement, pleaded not guilty.
The court in its ruling held that there were inconsistencies in the evidence of the victim and other prosecution witnesses.
According to the court the case investigator conducted a “flawed, one sided and armchair investigation” by relying only on the “words” of the victim.
It further said that the case was activated because of the misguided motives of the prosecution witness (the complainant) and not on the truth.
“The court finds the evidence of the prosecution has not made a prima facie case against the accused on the charge of defiling his stepdaughter.
“The evidence presented by the prosecution is insufficient, manifestly unreliable and has been so discredited by the accused person in cross-examination that this court cannot call upon the accused person to respond to the charge,” the court held.
Mr Jerry Avenorgbo and Lord Delvin Essandoh, Gator’s defence counsels, argued that the size of the room and sleeping positions of the parties and children made it difficult for anyone, especially the complainant, who should have felt the accused person’s absence from her bed if he moved away for a period of time, not to hear or see something during the alleged act.
The prosecution led by Chief Inspector Opoku Aniagyei said the complainant was a trader residing at Doboro and mother of the victim.
Gator lived in Nsawam.
According to the prosecution, the complainant and Gator are married and have a child.
It said the victim was Gator’s stepchild, and they both lived together at Doboro, Greater Accra Region.
The court heard that in 2020, the family were all sleeping in the same room when the complainant awoke about 0100 hours to check on their tap and found Gator laying on the victim and having sex with her.
The prosecutor said the complainant screamed and Gator jumped off the victim to lie next her.
According to the prosecution, this caused a misunderstanding between them, and the complainant insisted on having the victim examined at the hospital, but Gator refused.
The complainant interviewed the victim the next morning, and she claimed Gator began having sexual relations with her when she was 11 years old.
The prosecution said the victim claimed that in 2018, she was fast asleep when she felt someone touch her and awoke to see Gator lying next to her.
It said the victim indicated that she tried to get up, but Gator warned her and threatened her not to tell anybody about his actions or she would die.
“Accused person then removed her trousers and panty, he also pulled down his boxer shorts to his knee level and he had sex with her for the first time,” the prosecutor told the court.
The prosecution said Gator repeatedly had sex with the victim before the complainant caught them in the act
Following the incident, Gator pleaded to be allowed to perform purification rites, but failed to do so.
The prosecution said Gator abandoned the family and relocated.
“Complainant reported the matter to FIDA where the accused person was invited and interrogated. The matter was further reported to Domestic Violence and Victims Support Unit (DOVVSU), Accra.
“The victim was medically examined, and a report was submitted,” the prosecution stated.
When Gator was arrested, he denied the offence in his caution statement.
