The Last Kiss Episode 27 is rolling…

EUNICE ANSAH-AGYEMAN

THE LAST KISS

EPISODE 27

The courtroom is about sixty- percent full when Curtis and his team walk in.

Curtis, dressed in a dark blue suit looks around in wonder. This is his first time ever in a courtroom.

He smiles ironically and shakes his head. He had never thought this silly accusation will come this far.

And when he looks into Alicia’s eyes, she knows he is deeply troubled. Alicia holds on to his hand tightly, reassuring him with her eyes that all is well.

Jude Albert, dressed in a black suit, a white shirt and a matching tie under the black robe walks to their seat and puts his briefcase on the table.

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Curtis looks at him and a grin crosses his face. He has always wondered why Lawyers wore a wig. Albert really look funny with that thing on his head and he fights with all his might to control the laughter that is lodged in his throat.

Alicia, dressed in a dark blue dress that outlines her beautiful figure takes a seat behind Curtis and Jude Albert.

They all turn and look at the two people who have just entered.

Cynthia, dressed in a sea-blue top and blue jeans makes an entrance with her lawyer right beside her. She seems a little uncomfortable though. Curtis notices her struggling inwardly to look strong and at peace when she sees him.

Curtis realizes how much he didn’t know about her even though they have been a couple for a while but then he is not too surprised. A woman who can cheat on you can do virtually everything else to you, even if she has to kill you. Crying rape, especially by Cynthia, is the most absurd thing he has ever heard all his life. She wants him and because he did not give in she has to cry rape? Well, his only regret now is not doing something about his reservations when their paths crossed from the plane to the hotel. He should have known better.

The session is called to order. The five-member jury, comprising three women and two men, take their seat and the Judge is announced.

“All rise! Osei versus Owusu-Mensah, Rape Charge, Honorable Judge Mina Hagan presiding.” The bailiff bellows in a deep voice.

The judge takes her seat and gestures for everyone to sit. She gives a brief summary of the case they are about to hear and call on the two lawyers for their opening statements.

Lawyer Bawuah, immaculately dressed, gets to his feet and walks to the front. He addresses Her Highness, Judge Mina Hagan, the jury and spectators.

“We are here to prove that Mr. Curtis Owusu-Mensah planned and raped Miss Cynthia Osei, his ex-girlfriend. We have enough evidence to make him pay for the crime to the plaintiff when she was vulnerable and was looking for companionship and not sex.”  he concludes.

Lawyer Bawuah speaks with such conviction that most of the people present express shock and murmur.

He takes his seat after the gallant performance, feeling really confident about himself.

“Your honour, members of the jury, we will skip the opening statement.” Lawyer Asomaning states.

There is murmuring and curses from the spectators in the courtroom. 

“Order. Order! I will have order in my court!” The Judge commands and asks Lawyer Bawuah to proceed with his first witness.

Lawyer Bawuah calls Dr. Archie Banson to the stand.

He is sworn in by the bailiff and takes his seat.

LAWYER BAWUAH

Dr. Banson, can you tell the court what you do for a living?

1. BANSON

I’m a medical Doctor but has extensive training in forensics.

LAWYER BAWUAH

Dr. Banson, can you tell this court your findings, please?

BANSON

I must state that the victim came for the examinations some days after the incident so it was quite difficult getting much evidence. What I did see were lacerations at the entrance of her female organ that suggests a forced entry and tiny bits of hair under her fingernails which match DNA strand profile of the accused.

LAWYER BAWUAH

Thank you very much Dr. Banson. That will be all.

Jude Albert gets to his feet for his turn at cross examination.

LAWYER ASOMANING

Dr. Archie Banson, may you tell this court how you came about those findings. I want you to tell us exactly what you did during your examination of the victim to arrive at those findings.

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LAWYER BAWUAH

Objection, your Honour, the question is irrelevant.

LAWYER ASOMANING

Your honour, I’m trying to establish an actual examination of the victim, which I believe is of major importance to this case.

JUDGE HAGAN

Objection overruled. I want to hear this.

BANSON

Well, in these cases what happens is that you check under the victim’s mouth, under her fingernails, body and private parts for any clue that can help nail the perpetrator. And that’s exactly what I did.

LAWYER ASOMANING

And the only evidence you found was the lacerations on the opening to her vagina and the hair under her finger nails?

BANSON

Unfortunately, yes.

LAWYER ASOMANING

So, apart from the lacerations, as you call it, there was no semen or anything else to suggest that my client actually had sex with the plaintiff against her will.

LAWYER BAWUAH

Objection, your Honour. He is leading the witness!

JUDGE HAGAN

Sustained.

LAWYER ASOMANING

Dr. Banson, the lacerations, can you say with utmost certainty that it was as a result of penetration by a male sex organ?

BANSON

I don’t quite get you.

LAWYER ASOMANING

Let me rephrase the question. The lacerations, can it be caused by any other object apart from a penis?

LAWYER BAWUAH

Objection, your Honour. He is leading the witness?

JUDGE HAGAN

Overruled. You will have to answer that, Dr. Banson!

BANSON

Yes, it is possible it could have been caused by objects that are forcibly used to penetrate the vagina.

LAWYER ASOMANING

If I get you correct, the lacerations on the victim could have been caused by say a bottle or any other sex toy or object that is inserted when the vagina is dry and not lubricated enough to receive it. So, there’s a possibility that those lacerations were not caused by my victim’s ‘joystick’ but could have been self-inflicted by the victim to collaborate a story.

There are giggles from the people in the courtroom at the mention of joystick.

The doctor looks perplexed and unfocused.

Jude Albert has pushed him to the wall and now the only important evidence has been scrapped. He looks over at Cynthia and sees her frown. His heart goes to her but there is nothing else he can do, that is a fact, although he didn’t see it coming.

LAWYER ASOMANING

Dr. Banson, the hair you found under the plaintiff’s fingernails, did it suggest any abuse?

LAWYER BAWUAH

Objection, your honour, he’s leading the witness.

JUDGE HAGAN

Counsel, you’ll have to rephrase your question.

LAWYER ASOMANING

Let me try. Dr. Banson, is it possible to get hair under your finger nails during normal sexual intercourse especially when the party runs his or her hand through the hair on the head, chest or pubic part of his or her partner?

Dr. Banson is quiet. He knows where this question is leading and he is not comfortable one bit.

All eyes turn on him as they await his answer.

LAWYER ASOMANING

Let me remind you Dr. Banson, you are under oath! Is it possible or not? Please answer the question.

BANSON

I guess it’s possible.

LAWYER ASOMANING

 Please don’t guess. Is it a yes or no, Dr. Banson?

LAWYER BAWUAH

Yes.

LAWYER ASOMANING

Thank you Dr. Banson. One last thing, was it possible for you to tell from your examinations exactly when the lacerations in the opening of the vagina occurred?

LAWYER BAWUAH

Objection, your honour, I don’t know where he’s going with that question.

Lawyer Bawuah is on his feet very angry. He sees what the counsel for the accused is trying to do to the only concrete evidence he has.

Jude Albert Asomaning turns to Judge Mina Hagan and explains.

LAWYER ASOMANING

Your honour, I’m trying to find out if those lacerations occurred at the date the plaintiff claimed the accused forcibly had sex with her.

JUDGE HAGAN

I will allow that. Dr. Banson, you can answer the question.

BANSON

No, I couldn’t establish that.

LAWYER ASOMANING

Thank you very much, Dr. Banson.

Lawyer Bawuah puts Cynthia on the stand and she gives the performance of her life. She narrates the fictitious incident with so much passion, fear and sadness that most of the people in the courtroom have tears in their eyes. She breaks down in the middle of her recount and the Judge gives her some time to pull herself together.

Curtis looks at her as if he is looking at an alien. He has never seen her lie with so much passion. If he didn’t know better, he is sure he would have fallen flat for that lie. Curtis looks back and sees Alicia also dumbfounded. He shakes his head to tell her he did not do any of the things she is suggesting.

“I know.” Alicia whispers.

Jude Albert gets on his feet after Cynthia has regained her composure for cross-examination.

LAWYER ASOMANING

Cynthia, do you know the accused very well?

CYNTHIA

Yes, we dated for a long while and finally went our separate ways a couple of years ago.

LAWYER ASOMANING

Finally, because there wasn’t only one break up?

CYNTHIA

Yes, please.

LAWYER ASOMANING

Why did you two break up, finally?

LAWYER BAWUAH

Objection, your Honour. Irrelevant question.

LAWYER ASOMANING

Your Honour, I’m only trying to prove there’s bad blood between my client and this lady. Their relationship was called off after he found her in bed with another man. And I have reason to believe that she’s doing this to get back at him. She has pleaded for a comeback numerous times and my client has declined, one case in point was when she begged him in a public place for a comeback shortly before she accused my client of rape.

The Judge calls the two Lawyers to the bench and charges on them to behave professionally and dismisses them.

The two lawyers take their positions.

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LAWYER ASOMANING

When you went to Tamale, did you have sex with the accused before the fateful night?

CYNTHIA

No.

LAWYER ASOMANING

Your honour, I present to this court exhibit marked A. It is an audio of a call Miss Cynthia Osei, the plaintiff put through to the accused’s wife. She stated categorically that she and Curtis made love the previous night and they were at the moment having breakfast to cement their comeback. She went ahead and sent pictures to buttress her assertions. The pictures are marked B, your honour. She lied about making love with my client and she’s lying he forced himself on her out of spite because she didn’t get what she wanted.

Cynthia’s lawyer is up with objections as Jude Albert speaks his mind.

Judge Mina Hagan looks at her time and adjourns the case to the following week. As the Judge, the Jury and the two lawyers go to Her Highness’ chambers to listen to the audio. Cynthia declines to listen to the audio but she is forced to go with them.

Lawyer Bawuah is sweating profusely even though the courtroom is air-conditioned.

He looks at Cynthia for a long time without saying a word.

Why did she have to complicate matters like that? Why didn’t she just say yes to the question? Now the Jury is going to doubt her credibility and he doesn’t like it one bit.

“You don’t have to worry. Can’t we say the audio was doctored or something?” Cynthia speaks to break the silence.

“You think this is a joke, don’t you? Doctored by who? The file has the same audio from the mobile network you used to call her and I’m sure they are in sync otherwise that lawyer wouldn’t have tendered it in as evidence.”

Jude Albert has filed only the pictures without the audio and so he has not been privy to it. He is sure he did that on purpose and that is getting him angry.

He has filed the audio just an hour before proceedings as fresh evidence and since he was a bit late that morning, he had not listened to it. Maybe he should have asked for an adjournment when the Judge asked him if it was okay to proceed since the evidence was filed the same day even though the necessary protocols were followed. Now he is fried and he knows it. He has to strategize all over again.

He picks the documents on the table in front of him and puts them in his brief case and leaves the courtroom with Cynthia in tow.

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