A father accused of incest has told an Accra Circuit Court that after drinking four sachets of ‘alomo’ bitters, an alcoholic beverage, he is unable to determine whether or not he had sex with his 12-year-old daughter.
Joseph Kodua, a 31-year-old security man, said this when he opened his defence in a matter in which he is accused of defiling his 12-year-old daughter at Agbogba, in Accra.
The court, presided over by Her Ladyship Mrs Christina Cann, earlier ruled that a prima facie case be made against him on the charge of defilement and incest.
The court, however, acquitted and discharged him on the charge of threat of death. This was after the prosecution had called three witnesses to make their case.
The court held that the prosecution could not prove the essential ingredients in the charge of threat of death but ruled that on the charges of defilement and incest, prosecution had established a case, hence the defence.
Kodua, under cross-examination on Thursday, denied having sex with the victim, adding that he had been drinking.
He further explained that he was sad because his sister had accused him of sleeping with his daughter, and that because of the accusation he became intoxicated after drinking four sachets of ‘Alomo’ bitters.
Kodua disagreed with the prosecution’s assertion that in his statement to the Police he had admitted to having raped his daughter.
The facts narrated by Chief Inspector Judith B. Asante are as follows;
The complainant is a 50-year-old trader residing at Madina while the victim is a class four pupil and a niece to the complainant.
Chief Inspector Asante said Kodua, father of the victim and a brother to the complainant, did not have a specific place of abode.
On July 15, 2019, at about 1500 hours, Kodua went to pick the victim from her aunt’s place and took her to his duty post at Agbogba, near Crown Hospital.
Chief Inspector Asante said at about 1800 hours, Kodua told the victim it was too late to take her back to her aunt’s, and should therefore spend the night with him at his duty post. Prosecution said during the night, Kodua allegedly tried to kiss her but she refused.
He was also said to have asked her to rub his penis, which she again refused.
Kodua is said to have threatened to kill the victim with a hacksaw blade and a knife should she continue to refuse his demands. He is alleged to have subsequently raped her twice that same night.
Chief Inspector Asante said the next day, Kodua went to the victim’s school during class hours and tried to take her back to his duty post again.
However, the school’s authorities denied him access to her and informed the complainant about the situation.
The “complainant reported the case to the Police and at the Police station, the victim was interviewed at which point she disclosed her ordeal to the Police,” the prosecutor said.
He said a medical report was issued by the Police to the complainant for a medical examination, and treatment of the victim.
The accused was then arrested and in the course of investigation he was admitted to police enquiry bail to report, while victim was placed in the temporary custody of her aunt, the complainant.
The prosecution said on August 1, last year, Kodua forcibly went to pick the victim from the complainant and took her to his duty post but was re-arrested by the Police and the victim was rescued.