A Pankshin High Court in Plateau Central Senatorial District on Monday remanded a Community Health Personnel, Mr Philemon Burzal, popularly known as “Brazil”, in prison for the second time for allegedly raping his patient.
Burzal, a Community Health Extention Worker (CHEW), was sometimes in April, alleged to have raped his patient, Mrs Mary Sunday at her family resident at Vel Quarters in Pankshin Local Government of Plateau.
The rape victim was alleged to have been experiencing miscarriages and was in dire need of medical assistance, which prompted the accused of offering himself to help as a Community Health personnel.
But when he (accused) visited her (victim) on that fateful day, he allegedly went too far by forcing himself on her and ended up raping her.
He was arrested by the police, arraigned and remanded in prison custody by an Upper Area Court sitting in Pankshin over the case.
He pleaded not guilty to the offence, when the police arraigned him.
“I am not guilty. I did not rape her because she consented to the sexual act. I actually had sexual intercourse with her but I did not release my sperm inside her, ’’ he had told the court.
However, the Plateau State Ministry of Justice took over the prosecution of the case from the Police by first terminating the case before the upper Area Court and filed it afresh before a State High Court..
The Prosecuting Counsel, Nanbol Miner had in a Motion Exparte, accused Burzal of one count charge of rape.
He stated that on April 20, 2017, the accused had gone to the family resident of Mrs Mary Sunday at Vel Quarters in Pankshin Town to attend to her health problem but ended up raping her, and thereby committed an offence contrary to section 282 and punishable under section 283 of the Penal Code Law CAP 89 Law of the Northern Nigeria 1963.
When the case came up for mention before Justice Nanpon Dadi of the High Court, Miner moved his motion, dated July 19, and asked the court to take the plea of the accused.
When the one count charge was read to the accused, he pleaded not guilty.
But Mr M.K. Dapus, the defence Counsel, objected to the prosecuting counsel’s application on the ground that he had already filed a preliminary objection to the motion and a bail application before the court.
“My Lord, this matter is before an Upper Area Court and it can’t be heard as well because it will amount to abuse of court process
“Again, I have just received the reply of the Prosecuting Counsel to my bail application this morning and I will need some time to study it before replying on point of law, ’’ Dapus lamented
Minner objected to such a claim as according to him, the case before the Upper Area Cour had been terminated since June 22, 2017 which necessitated filing of the case afresh before the State High Court (sitting in Pankshin).
The Judge struck out the motion of preliminary objection of the defence counsel and ordered the accused to be remanded in prison custody.
He then adjourned the case to September 18th, 2017, for hearing of the bail application.