An alleged robber has challenged a Police Prosecutor over Attorney General’s advice in a case in which he and two others had robbed and raped their victims at gun point.
Ismael Akyene aka Israel Nana Damascus told the Kaneshie District Court that he did not understand why he was arraigned at a Circuit Court in Accra and now moved the case before the District Court.
According to Akyene, the Attorney General had given its advice on his case docket and challenged the Prosecution for forwarding the docket again to the AG for advice.
Police Prosecutor Chief Inspector Simon Apiorsornu informed the District Court that accused persons were before it pending the committal proceedings and that the Police had also forwarded the case docket to the AG’s office for advice.
Chief Inspector Apiorsornu prayed the Court to read out the charges and facts because it was a “committal case”.
According to him, the pleas of the accused be preserved.
This did not go down well with Akyene and he raised questions about the AG’s advice.
“My Lord, Please I was put before Circuit Court one and the Attorney General advise was received.”
The District Court presided over by Ms. Ama Adomako Kwakye asked the accused what the advice was.
Accused: “The advice was that we are to be charged with robbery and rape.”
The District Court judge explained to the accused that because there were charges of rape, the Circuit Court did not have the jurisdiction to try the matter.
According to the judge, the case ought to be put before the district court for committal, so they could stand trial at the High Court.
Akyene is standing trial with Daniel Akpan aka Nseh and Asuquo Mbuotidem Edem aka Faith, on charges of conspiracy, thirteen counts of robbery and seven counts of rape.
The matter has been adjourned to May 3.
The facts as narrated by prosecution are that the complainant is a British National and a proprietress of a firm name withheld at Kokrobite, Accra. Akyene resides at Kasoa, Akpan and Edem are Nigerians residing at Kwashieman, Accra. The victims some of whom are teachers and students from the United Kingdom.
Prosecution said on December 7, 2018, all the victims except the complainant and another arrived from the UK and they were all conveyed in a bus from the Kotoka international Airport to the complainant’s house at Kokrobite.
Prosecution said on December 8, 2018, at about 1:05 am, the accused persons armed with pistols and cutlasses entered the victims’ rooms.
Accused persons ordered the victims and the complainant to lie at prone positions on the floor and cover the faces with blankets.
Prosecution said accused persons robbed the victims of various foreign currencies, assorted pieces of jewellery and assorted mobile phones and bolted.
According to prosecution, accused persons after the robbery also took turns to rape the six victims aged 16 and 38 years.
Medical report forms were also issued to the victim to seek medical care.
Prosecution said on December 8, 2018, at about 6:03 am, Akyene and Edem went with a private vehicle to CAL Bank, Gbawe branch with a bank card belonging to one of the victim to withdraw money. A CCTV captured accused persons and the automated Teller machine alerted the victim.
On March 9, 2019, investigations led to the arrest of Akyene at Akweley, near Kasoa and he mentioned Akpan as their leader. Akyene led the Police to arrest Akpan.
Prosecution said Akyene and Akpan led the Police to arrest Edem but Edem on seeing the Police escaped.
The prosecutor said Akpan also led the Police to a bush in Haatso where three pistols, along with metal bar machetes and big cutter which they used in their robbery operations, were retrieved.
On April 5, 2019, the Prosecutor said an arrest warrant was obtained and an extradition warrant was prepared by the Attorney General to enable Edem to be extradited to Ghana.
An identification parade was held and the complainant identified Akyene and Akpan as part of the people who robbed and raped her and the other victim.
On August 21, last year, Nigerian Interpol extradited Edem to Ghana to face charges. Edem during investigations admitted having committed the offence with Akyene and Akpan at Kokrobite.
Prosecution said Buccal swaps of the accused persons were obtained and forwarded to the United Kingdom for forensic DNA test on the charges of rape.
The test, prosecution said concluded that accused persons had carnal knowledge of the victims.
“A duplicate case docket has been prepared and forwarded to the Office of the Attorney General awaiting their advice,” Prosecutor said.