An Abeka District Court has declined a submission of no case made by lawyers for Abelempke Marwako branch manager Jihad Chabaan, who is facing charges of assault for thrusting the face of Caterer Evelyn Boakye into blended pepper.

Lead Counsel Julio De Medeiros told the court on Wednesday that the prosecution had failed to substantiate any of the charges put against him.

Lawyer De Medeiros relying on the Criminal Offences Act, Section 207 said offensive conduct could only take place in a public place. He described the Marwako restaurant's Kitchen where the act is said to have taken place as a private facility.

He explained such a place was not accessible to all and could not be termed a public place.

He insisted even if the court decided to perceive it as such, the word "sharamunta" which the accused was said to have uttered which amounted to offensive conduct was not explained to the court. He said it could be misleading for the court to rely on the prosecution which failed to bring in an expert, and hold the word means prostitute.

On the count of Assault, Lawyer De Medeiros intimated that intent of causing harm was key for such a determination to be made. Quoting from the court's records of the Cross examination of Police investigator Eunice Ashiagbor, Mr. De Medeiros pointed out the admission that the act was accidental.

He averred "why is the court being invited to determine assault when the person paid with our taxes to investigate crime says it was accidental".

He pleaded with the court to apply his arguments in respect of the count of assault for that of causing harm. He prayed the court to grant their request as Jihad Chabaan had no case to answer for.

Photo: Abeka court premises

Prosecution

Chief Inspector Hanson Armah opposed the application. He told the court it was impossible for anyone to detach the restaurant's kitchen from the restaurant. He added it was a commercial venture and open to the public.

On the dispute over the meaning of the expression "sharamunta", the prosecutor said the lawyers for the accused had the leeway to prove to the court it didn't mean prostitute yet they failed to do so.

He said Jihad rushed into the kitchen angry when he heard the humming of the blender and violently held the lady's neck, thrusting it into the pepper "how could such a person be said not to have an intention of harm", he quizzed.

He reminded the court of the testimony by the medical doctor that confirmed harm was done to the lady. He quoted from the court records used by Mr. De Medeiros saying he deliberately didn't make reference to the subsequent question the investigator was asked.

"My lady, the first question of whether at any point she discovered it was accidental, was a speculative question, which the investigator answered "yes". When the investigator was asked if she thinks there was no intent to cause harm she disagreed and reiterated our position. That was a legal question which the lawyer didn't bother to refer to today", he stated.

Human rights lawyer Francis Xavier Sosu then asked the court that he is allowed to speak. He had for the past hearings been watching criminal brief for Caterer Evelyn Boakye. He read section 11 of the criminal and other offences act and argued that causing harm or contributing to causing harm was indeed harm.

Magistrate Victoria Ghansah said even in instances where insufficient evidence had been adduced, the law allowed the court to order the accused to open defence when some form of confession has been made. She referred to the statement taken from Jihad by the police where the incident (splash of pepper) was admitted to have taken place with the expression "sharamunta" whose meaning they were now disputing.

She, therefore, declined the request ordering that Jihad Opens his defence at the next adjourned date.

The hearing continues on Wednesday, May 3.