Jesus Onetouch freed

March 31, 2012 (Lead story) Nana Kofi Yirenkyi, aka Jesus Onetouch, who was jailed for 10 years for defiling his 10-year-old daughter, regained his freedom Friday after spending 24 months, 21 days in lawful custody. This was after the High Court, presided over by Mr Justice E. F. Dzakpasu, acquitted and discharged him of the crime. Jesus Onetouch, who is the General Overseer of Jesus Blood Prophetic Ministry, has been in custody since March 9, 2010, after being convicted on two counts of defilement and incest on January 20, 2011. He, however, appealed against the Circuit Court’s decision. The High Court held that the trial judge erred in relying solely on the evidence of the victim, when two prosecution witnesses had contradicted themselves and also when a police officer had testified that the victim had confided in him (police officer) that Prophet Onetouch was not responsible for any crime. It further held that while a medical doctor from Akropong, had stated that hymens were mostly torn through sex and even indicated that it was mostly lost through sex by a 99.9 per cent margin, an experienced gynaecologist and obstetrics from the Ghana Police Hospital denied that assertion and also testified that hymens could be lost through accidents, games and even through inactions of mothers as well as birth defects. According to the presiding judge, who cited numerous legal authorities to buttress his decision, doubts when created during criminal trials must inure to the benefit of accused persons. He further argued that it was extremely dangerous for the lower court to rely on the sole evidence of the alleged victim and her two relatives who had testified on hearsay. In the judgement, which lasted almost an hour, the court held that the evidence adduced at the lower court was not enough to warrant the conviction of the convict because the prosecution witnesses contradicted themselves. In addition, it said, the investigator failed to investigate the alibi put up by Jesus Onetouch. According to the court, it was improper for the investigator to fail to interrogate that piece of evidence as well as the alleged truancy on the part of the victim. It further contended that the fact that the convict pleaded for the matter to be settled out of court did not mean he was admitting guilt. The court argued that Jesus Onetouch could have done that due to possible stigmatisation, especially when the complainant was said to have accused her former husband of similar offence. With regard to Jesus Onetouch’s lawyers argument that the victim could not have endured sex for three times a week for two years without falling sick, the court said that should be left for forencic science to determine. The court said it took into consideration the totality of evidence adduced by the prosecution as well as the defence put up by Jesus Onetouch and had come to the conclusion that the prosecution failed to prove the guilt of convict beyond reasonable doubt, adding that all accused persons were entitled to their fundamental human rights. Counsel for Onetouch, Mr. K.N. Adomako-Acheampong, together with family members and friends could not hide their excitement when the presiding judge freed him on all two counts. Immediately after the court’s decision, word quickly spread that Jesus Onetouch had been freed and that resulted in pockets of passersby entering the court premises with the hope of catching a glimpse of him. They were, however, disappointed when it became evident that Prophet Onetouch, who was serving his sentence at the Nsawam Medium Security Prison, was not in court. His junior pastors and friends were spotted making calls to announce the decision of the High Court. He will be free to go home and join his family after the necessary documents had been studied and signed by prison authorities. Mr Adomako-Acheampong, who smiled intermittently at the tail end of the court’s judgement praised the judge for his erudite ruling. Counsel told journalists that, although, it took too long, justice had finally prevailed. He said it was unfortunate his client was vilified by the media and public opinion but in the end justice prevailed. It was a dark day for Prophet Onetouch when the trial judge, Mrs Georgina Mensah-Datsa, sentenced him to 10 years' imprisonment for incest and defilement.