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General News on Wednesday, January 30, 2019
Source: dailyguidenetwork.com
2019-01-30
Dr. Dominic Kwame Obeng-Andoh
A high court in Accra has resigned Dr. Dominic Kwame Obeng-Andoh, director of Obengfo Hospital, a private medical center in Accra, and dismissed the case alleged against him for lack of prosecution.
Last June, he was brought before the court under two counts of practice of medicine without the legal authority and operating of an unauthorized health facility, based on the law. a complaint filed by the Medical and Dental Council of Ghana (GMDC).
Mr. Obeng-Andoh denied all the charges against him and appeared in court at every stage of the proceedings, but the complainant – GMDC – did not badist the court in this case.
The court then ordered the prosecution to comply with the disclosure rule and to disclose to the physician all documents on which it intended to rely for the case.
The prosecution has asked the court for more time on several occasions to collect documents and serve the accused, which the judge has always granted.
The court warned the prosecution that it would have no other option than to dismiss Dr. Obeng-Andoh if it did not mean to the accused the documents of the Charging here on January 7, 2019, as promised previously.
Instead of complying with the court order, the prosecution instead turned to the court to ask for more time.
Nana Kofi Bekoe, who pleaded for Dr. Emmanuel Maurice Ankrah, Obengfo's lawyer, however, opposed the prayer, claiming that the case had been adjourned three times in a row at the request of the prosecution, which asks again more time.
He revealed that the Medical and Dental Council of Ghana, who is the complainant, has never sent a representative to justice.
The court, chaired by Priscilla Dapaah Mireku, reminded the prosecution that she had promised at the last hearing to serve the documents to the accused, but had not done so.
It revealed that Article 19 of the 1992 Constitution provides that an accused is presumed innocent until proven otherwise or that the accused pleads guilty.
"If the prosecution is not ready to take legal action, the accused should not suffer the consequences. The accused is therefore acquitted and the case is filed for want of prosecution, "said Ms. Dapaah-Mireku.
She added that the prosecution can continue the case when it is ready to do so.
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