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Dr Dominic Obeng-Andoh alias Dr Obengfo, the Chief Executive Officer (CEO) of the Advanced Body Sculpt Centre, also known as the Obengfo Hospital, has for the second time been set free by the Accra Circuit Court.

Dr Obeng-Andoh was standing trial on charges of practising medicine without a licence and operating an unlicensed medical facility.

He was acquitted and discharged yesterday (Tuesday) after the court, presided over by Mr Emmanuel Essandoh, upheld a “submission of no case” filed by lawyers for the accused.

Dr Obeng-Andoh’s legal team filed the “submission of no case” per Section 173 of the Criminal and other Offences (Procedure) Act, 1960 which gives a court the power to acquit an accused person if the prosecution fails to present a case sufficient enough for the accused to make a defence.

In his ruling, Mr Essandoh held that the prosecution failed to prove its case beyond reasonable doubt by presenting insufficient evidence and witnesses whose testimonies were riddled with inconsistencies.

He held that by failing to corroborate its case with ample evidence and proving it beyond reasonable doubt, the prosecution failed to convince the court about the veracity of the case.

Failure to prosecute

Dr Obeng-Andoh was previously discharged on January 23, 2019, by a circuit court presided over by Mrs Priscilla Dapaah Mireku, on the basis of “want of prosecution.” This means the prosecution was not ready to prosecute him.

That followed the failure by the prosecution to comply with several orders by the court to serve the accused or his legal representatives with its documents in compliance with the rules of disclosures.

“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 and prays for more time,” the court stated.

After Dr Obeng-Andoh was discharged, the case was resurrected by the prosecution and filed before the court, presided over by Mr Essandoh.

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