Rabih Haddad
An Accra high court, preside over by Justice Dorgu, has set January 15, 2018 to rule on an application for bail filed by counsel for Rabih Haddad, a Lebanese national accused of raping his house help.
The accused has been in custody since December last year and his lawyer, Ralph Poku Adusei, has being praying the court to grant him bail.
An Accra district court had earlier declined to grant him bail because it did not have jurisdiction over the case, and so the defence counsel was directed to apply for it at the high court.
His application was strongly opposed by the Attorney General’s (AG’s) Department, which insists that the accused must remain in custody while the case goes to trial.
At the last sitting, the wife of Rabih Haddad – who could not bear the fact that her husband could not be granted bail because the prosecution and a state attorney handling the case were absent – burst into uncontrollable tears in and out of the courtroom.
Moving his application for bail at the hearing yesterday, lawyer Adusei argued that the fundamental human rights of the accused person were being infringed upon.
Touching on an argument by the AG’s Department that the accused could interfere with investigation into the case, he said it is an indictment on the police administration to think that one person can interfere in its investigation into the matter.
He said Haddad had been in the country for the past 10 years and has two children who were all born in Ghana, giving the assurance that he (suspect) would avail himself for trial, should he be granted bail.
Mr. Adusei added that due to public outcry since the rape allegation, the wife of the suspect and his children had been evicted from their residence.
In an affidavit in opposition, state attorneys argued that the suspect has no fixed place of abode and might flee the country when granted bail.
They argue that the accused may temper with police investigation when granted bail and held that the victim and her family are those suffering and not the suspect as the lawyer wants the court to believe.
The presiding judge, after listening to both sides, adjourned the case to January 15, 2018 to rule on the bail application.
Rabih Haddad was dragged before court for rape contrary to Section 97 of the Criminal Offences Act 29/60. His plea of not guilty was not taken.
He was arrested on December 3, 2017 after a complaint had been lodged at the Domestic Violence and Victim Support Unit (DOVVSU) of the Ghana Police Service and also at the Airport police station for allegedly sexually molesting his house help.
He is said to have consistently harassed the lady (name withheld) and insisted on having sex with her, but she reportedly kept rejecting his sexual advances towards her.
He purportedly managed to forcibly have sex with her on November 30, 2017 when his wife was not at home; and the victim reportedly confided in her co-worker. Both initially kept the matter to themselves for fear that they might lose their jobs.
BY Gibril Abdul Razak