Contractor Accused of Defiling Stepdaughter Acquitted by Court

The Court (GBVC) has acquitted and released a building contractor, Moses Gator, accused of defiling his 14-year-old stepdaughter in Doboro, near Accra.

Moses Gator, 42, who pleaded not guilty to the charge of defilement, was acquitted by the court presided over by Dora Eshun. The court upheld Gator’s submission of no case, leading to his release, along with his sureties.

In its ruling, the court cited inconsistencies in the evidence presented by the victim and other prosecution witnesses. The court criticized the case investigator for conducting what it described as a “flawed, one-sided, and armchair investigation,” relying solely on the testimony of the victim.

Furthermore, the court held that the case was initiated due to misguided motives on the part of the prosecution witness (the complainant) rather than the pursuit of 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 stated.

Defense counsels Jerry Avenorgbo and Lord Delvin Essandoh argued that the size of the room and sleeping arrangements of the parties involved, including the children, made it implausible for the complainant not to have noticed the accused person’s absence from her bed if he had moved away for an extended period during the alleged incident.

The prosecution, led by Chief Inspector Opoku Aniagyei, outlined the case, explaining that the complainant was a trader residing in Doboro and the mother of the victim. The accused, Moses Gator, lived in Nsawam. The prosecution contended that Gator and the complainant were married and had a child together, while the victim was Gator’s stepchild.

The prosecution’s case asserted that in 2020, the complainant woke up around 1:00 AM to check on their tap and found Gator lying on top of the victim, engaging in sexual activity. The complainant’s scream prompted Gator to jump off the victim and lie next to her. A dispute ensued between the couple, with the complainant insisting on having the victim examined at the hospital, which Gator opposed.

Subsequently, the complainant interviewed the victim, who alleged that Gator had been engaging in sexual relations with her since she was 11 years old. The victim claimed that Gator threatened her and warned her not to disclose his actions, threatening her life if she did. The victim further detailed the alleged incidents.

Following the incident, Gator requested permission to perform purification rites but did not follow through. He eventually abandoned the family and relocated.

The complainant reported the matter to FIDA (Federation of Women Lawyers) and subsequently to the Domestic Violence and Victims Support Unit (DOVVSU) in Accra. The victim underwent a medical examination, and a report was submitted.

Upon his arrest, Gator denied the charges in his caution statement.

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Aikins Armstrong

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