Ms Victoria Guansah, the judge in the Marwako pepper incident, has rejected a submission of no case and asked counsel for the accused, Jihad Chaaban, to proceed to open their defence.
Lawyers for the now suspended supervisor at Marwako Fast Food in Accra, who is alleged to have dipped the face of a cook, Evelyn Boakye, in pepper paste, had filed a submission of no case in the ongoing trial.
The defence lawyers had asked the court to strike out the case arguing that the prosecution had failed to prove beyond reasonable doubt the offence for which their client has been arraigned.
Julio Demederios, one of the lawyers for Chaaban, in his submission told the Abeka District Court that the investigator had told the court during cross examination the entire incident was an accident.
He, therefore, pleaded with the court to acquit and discharge his client from all the charges since there is nothing to answer.
But Ms Guansa turned down the request of the defence lawyers and asked that it proceed to open its case.
At the last hearing of the case, Dr Matilda Adda, head of the Eye Clinic at the Achimota Hospital, told the court that Evelyn Boakye is suffering from trauma conjunctivitis.
Conjunctivitis is an eye condition involving the inflammation of the conjunctiva – the semi-transparent membrane that covers the white part of the eye (the sclera) and lines the inside of the eyelids. When inflamed, the conjunctiva appears red and discharges.
Evelyn Boakye’s face was allegedly dipped in pepper paste by her supervisor, Jihad Chaaban, who was later arrested and arraigned over the incident.
Dr Adda, the optometrist who attended to Ms Boakye after the incident, testifying in court on Wednesday April 19 mentioned that the victim was suffering from trauma conjunctivitis, a situation that made it unable for her to see clearly in sunlight.
The doctor further told the court that the medication given to Evelyn had worsened her eye condition.