British Pedophile appeals against sentence
Gilbert Boyefio
July 14, 2008
Thomas Alan Tichler, the 57-year old British, who was jailed in February for four years by an Accra Circuit Court for sexual assault involving a 3-year old girl, has started his appeal against his sentence.
He was accused of causing harm and indecently assaulting the daughter of his Ghanaian co-worker and sentenced to four years imprisonment.
The court, presided over by Georgina Mensah-Datsa, convicted him on both counts and sentenced him to four and two years respectively to run concurrently, effective November 2, 2007, when he was remanded in custody.
Tichler’s appeal was filed on March 19, by his lawyer Tony Lithur, but was moved yesterday.
On the same day that the Tichler appeal was filed, one of his children held a press conference in Accra to solicit public sympathy for his father. He accused the Attorney General, Joe Ghartey, of having a special interest in his father’s case, and also the police of bias investigations which in his estimation, "have made Tichler the scapegoat".
Yesterday in court, Tony Lithur pointed out that Tichler could not have had the opportunity to do what he was alleged to have done and that he was innocent. He discredited the prosecution’s case that the incident happened at the time when the victim’s parent was not in the house and Tichler had the opportunity to insert his fingers into her sexual organ. He further questioned the evidence of the six-year old elder brother of the victim that they left her with Tichler to go and watch a movie entitled “Divine Twins”.
Counsel for the Appellant explained that when the child’s mother came back from the market she brought a movie entitled “Divine Twins”, which the six-year old said on record was the only movie they watched that day. He said this evidence was corroborated by Tichler.
Counsel observed that from the records it was evident that at all material times, while the parents were absent, the victim was in the company of Tichler and the two elder siblings. He further pointed out that the mother of the victim had told the court that when she returned from the market all the three children were in the hall with Tichler.
Lithur argued that the 15-minute period that the mother left the house was not enough for Tichler to have had the opportunity to insert his hands in the victim’s sexual organ, since he was playing different games such as “Hanger Man”, “Drawing” and “I Spied”, with all the children, maintaining that the act of requesting for water to wash his hands was deemed by the prosecution to mean he was guilty of the offence, and therefore it was important that both the prosecution and the defence found out what transpired during the 15 minutes.
The learned lawyer pointed out to the court that the prosecution found no other case against his client, apart from the allegation that in the absence of the parents he inserted his hands into the victim’s sexual organ.
In his fourteen grounds of appeal, Tichler’s lawyer held that the verdict of the Circuit Court that convicted his client was unreasonable and could not be supported with regards to the evidence. He argued that in holding that his client committed the offence contemporaneously with the carrying of the alleged victim on his shoulders, the learned trial judge erred by substituting her case for that of the prosecution. He said the learned trial judge erred in holding that Tichler was in the house alone with the victim. He pointed out that it was wrong for the judge to have relied on the evidence of the six-year old elder brother of the victim in proof of Tichler’s guilt when it was clear from the evidence that he could not have been present when the victim allegedly accused Tichler of the crimes.
According to him, “not having given Tichler the opportunity to plead mitigation of sentence, the judge disabled him from bringing to her attention mitigation factors that would have gone into her sentencing”.
The case has been adjourned to tuesday, July 15, for continuation.
July 14, 2008
Thomas Alan Tichler, the 57-year old British, who was jailed in February for four years by an Accra Circuit Court for sexual assault involving a 3-year old girl, has started his appeal against his sentence.
He was accused of causing harm and indecently assaulting the daughter of his Ghanaian co-worker and sentenced to four years imprisonment.
The court, presided over by Georgina Mensah-Datsa, convicted him on both counts and sentenced him to four and two years respectively to run concurrently, effective November 2, 2007, when he was remanded in custody.
Tichler’s appeal was filed on March 19, by his lawyer Tony Lithur, but was moved yesterday.
On the same day that the Tichler appeal was filed, one of his children held a press conference in Accra to solicit public sympathy for his father. He accused the Attorney General, Joe Ghartey, of having a special interest in his father’s case, and also the police of bias investigations which in his estimation, "have made Tichler the scapegoat".
Yesterday in court, Tony Lithur pointed out that Tichler could not have had the opportunity to do what he was alleged to have done and that he was innocent. He discredited the prosecution’s case that the incident happened at the time when the victim’s parent was not in the house and Tichler had the opportunity to insert his fingers into her sexual organ. He further questioned the evidence of the six-year old elder brother of the victim that they left her with Tichler to go and watch a movie entitled “Divine Twins”.
Counsel for the Appellant explained that when the child’s mother came back from the market she brought a movie entitled “Divine Twins”, which the six-year old said on record was the only movie they watched that day. He said this evidence was corroborated by Tichler.
Counsel observed that from the records it was evident that at all material times, while the parents were absent, the victim was in the company of Tichler and the two elder siblings. He further pointed out that the mother of the victim had told the court that when she returned from the market all the three children were in the hall with Tichler.
Lithur argued that the 15-minute period that the mother left the house was not enough for Tichler to have had the opportunity to insert his hands in the victim’s sexual organ, since he was playing different games such as “Hanger Man”, “Drawing” and “I Spied”, with all the children, maintaining that the act of requesting for water to wash his hands was deemed by the prosecution to mean he was guilty of the offence, and therefore it was important that both the prosecution and the defence found out what transpired during the 15 minutes.
The learned lawyer pointed out to the court that the prosecution found no other case against his client, apart from the allegation that in the absence of the parents he inserted his hands into the victim’s sexual organ.
In his fourteen grounds of appeal, Tichler’s lawyer held that the verdict of the Circuit Court that convicted his client was unreasonable and could not be supported with regards to the evidence. He argued that in holding that his client committed the offence contemporaneously with the carrying of the alleged victim on his shoulders, the learned trial judge erred by substituting her case for that of the prosecution. He said the learned trial judge erred in holding that Tichler was in the house alone with the victim. He pointed out that it was wrong for the judge to have relied on the evidence of the six-year old elder brother of the victim in proof of Tichler’s guilt when it was clear from the evidence that he could not have been present when the victim allegedly accused Tichler of the crimes.
According to him, “not having given Tichler the opportunity to plead mitigation of sentence, the judge disabled him from bringing to her attention mitigation factors that would have gone into her sentencing”.
The case has been adjourned to tuesday, July 15, for continuation.
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