- Dr. Dominic Kwame Obeng-Andoh has been discharged by an Accra Circuit Court
- This was after the prosecution has failed to comply with the rules on disclosures
- The court however stated that the prosecution can revisit the case whenever it is ready
An Accra Circuit Court has discharged Dr. Dominic Kwame Obeng-Andoh of Obengfo Hospital at Weija, for want of prosecution.
Adomonline.com reports that this was after the prosecution had failed to comply with the rules on disclosures.
Dr. Obeng-Andoh was charged with operating a health facility without a licence and practicing medicine without lawful authority.
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The court presided over by Priscilla Dapaah Mireku revealed that at its last sitting, the prosecution promised to serve accused at the next sitting but failed to do so.
“The court indicated that if they failed to serve them by January 7, 2019, the accused person will be discharged.
Today is January 23, 2019, and the prosecution has still not complied with the orders of this honourable court and prays for more time,” the court stated.
Per article 19 of the 1992 Constitution, “an accused person is presumed to be innocent until proven otherwise or the accused person has pleaded guilty.”
The court went on to say that if the prosecution were not ready to prosecute the case, “the accused person should not be made to suffer their actions.”
It however added that the prosecution can go for the accused person when it is ready to prosecute the matter.
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Dr. Obeng’s discharge followed defence counsel Nana Kofi Bekoe, who held the brief of Dr Emmanuel Maurice Ankrah, praying the court to discharge Obengfo as the matter had been adjourned for three consecutive times as a result of “same reasons.”
The Ghana Medical and Dental Council in Accra, in July 2015, during their routine monitoring exercise, received information that accused had failed to renew his annual licence for registration to practice as a medical doctor and to operate a private facility since 2013, but still practiced in his hospital.
The council, therefore, reported the matter to the police and on December 28, 2016, police officials went to the accused’s hospital to arrest him.
Dr. Obeng was however in the process of performing a certain medical procedure on a witness in the case, when the police arrived.
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He was then charged to appear before the court on February 6, 2017, but he petitioned the Criminal Investigations Department (CID) and the court process was temporarily halted.
The case docket was then forwarded to the attorney general’s department for advice, after which it was determined that all charges against him be maintained.
Meanwhile, Dr. Obengfo is standing in another trial for murder following the death of Stacy Offei Darko, former Deputy Chief Executive Officer of National Entrepreneurship Innovation Programme, who visited his medical facility at Weija, Accra.
He is standing at a District Court in Accra together with his cleaner, Edward Amponsah, who is being held for impersonation.
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