A High Court in Tamale on Tuesday granted bail to the embattled nurse of the Damongo Government Hospital accused of raping an Italian national who was receiving treatment for malaria at the facility more than a week ago.
Ernest Green, 28, who has been in police custody since April 06, was slapped with a bail sum of GH100, 000 with one surety.
The Court, presided over by Justice Osei Kwame Gyamfi quashed an earlier decision by a Circuit Court to remand the accused nurse in custody until April 26.
The High Court Judge ruled that the suspect be released from police custody because prosecutors have failed to give him hearing since his arrest.
Justice Osei Gyamfi also said prosecutors could not provide medical report about the rape claim by the alleged victim.
The ruling today raised more questions about the credibility of the ongoing police investigation into the matter, but the duty of the High Court was limited only to deciding whether the suspect should be bailed from police custody or not.
The case returns to the Circuit Court next week for prosecution to commence. It is not clear whether prosecutors will be able provide the court with the evidence which they failed to produce to the High Court.
Both the accused and plaintiff were not in court but hospital authorities, including the Medical Superintendent, Dr. Nelson Agbadoh, Union leaders and a dozen of staff flooded the court in a strong show of solidarity for the suspect.
The National President of Ghana Registered Nurses and Midwifery Council, Dr. Kwaku Asante Krobea, the Bishop of Damongo Diocese, Most Rev. Paul Ankyire and Administrator of the Hospital, Remy Nyewei were also there to show support.
Addressing Members of the Council after the ruling, President of Registered Nurses and Midwifery Council commended the hospital authorities for supporting the suspect.
He expressed sadness about the “unprofessional” way the police was investigating the matter but urged members to remain steadfast and continue to fight for the freedom of the accused nurse.
Nonetheless, he said the suspect would willingly return to court next week and cooperate fully with the Criminal Investigation Department.
Dr. Asante Krobea said the Association will also continue to galvanize financial and psychological support for the suspect and disclosed that a standby lawyer had been appointed by the Association to help in the case.
“I know that all of you are happy about the turn of today’s hearing but this is not what we actually expect, we knew that this was going to happen but what we expect to happen ultimately is the complete discharge of Ernest because you know he has committed no offense,” the president requested.