The High Court in Accra has declined a request from lawyers of Daniel Asiedu, who has been accused of the death of the late Member of Parliament (MP) for Abuakwa North Joseph Boakye Danquah-Adu to subpoena four persons to testify in the ongoing trial.
Asiedu who is standing trial for murder and robbery wants the Court to compel Ivy Boakye Danquah – wife of the late MP, Jennifer Achama, their house help, Mrs. Ursula Owusu-Ekuful, the Minister for Communications, and Ken Ohene Agyapong, MP for Assin Central to assist with relevant information on the case.
However, the Court presided over by Justice Lydia Osei Marfo was of the considered view that, subpoenaing them “to testify at this stage will be needless.”
The Court also said, “the Applicant (Daniel Asiedu) bears no obligation to establish his innocence” and has “no duty to help the prosecution to prosecute their case.”
Per the motion for a subpoena filed Exparte (on the blind side of prosecution) moved on Monday, May 6, by defense lawyer Yaw Dankwah, named the four persons as – Ivy Boakye Danquah- wife of the late MP, Jennifer Achama, their house help, Mrs. Ursula Owusu-Ekufful, the minister for Communications and Ken Ohene Agyapong, MP for Assin Central.
Counsel said, the appearance of these persons in Court to testify in the matter “will be in the interest of justice to the populace.”
It was also the submission of Lawyer Dankwah that, during the cross-examination of witnesses in the case, it came to light that Ivy Boakye Danquah Adu, the wife of the late JB Danquah Adu, was in the house at the time of his death yet the Prosecution failed to call upon her to testify in the case.
The subpoena also explained that Jennifer Achana, the House-help, who opened the door to the house for the supposed unidentified police officers to have access to the building was not called upon to testify, yet her statement was disclosed in the case.
The subpoena also stated that Mrs Ursula Owusu-Ekufful, Member of Parliament (MP) for Ablekuma West and Minister for Communication, should also be invited by the Court to testify.
It is the case of the defense that, Mrs. Owusu-Ekufful was the one who took third and fourth Prosecution Witness to hand them over to a Police Officer at Kanda Highways for investigations.
However, “no statement was taken from her neither was any explanation provided as to how she came across PW3 and PW4 (3rd and 4th Prosecution Witnesses) and what transpired between them before handing them over to the police officer at the Kanda Highways.”
The subpoena also stated that Mr. Kennedy Agyapong, Member of Parliament (MP) for Assin North, granted interviews to media stations which aired that he had information about the incident, yet the investigator and his investigating team in the matter did not invite him to aid in their investigations on the current trial.”
The accused and his lawyers believe that these individuals have relevant information and, if called upon to testify in this case, will assist the court and the jury in expediting the delivery of justice.
They also believe that in the interest of justice, the Court has the power to cause an Order of Subpoena to be issued to Ivy Boakye Danquah Adu, the wife of the deceased, Jennifer Achana, the House-help, Madam Ursula Owusu-Ekuful, MP for Ablekuma West and Minister for Communication, and Kennedy Agyapong, MP for Assin North to appear before the Court to testify.
Charges
Daniel Asiedu alias Sexy Don Don has been ordered to open his defense to two charges – murder and robbery, after the Court held that the prosecution has been able to prove a prima facie evidence against him.
Vincent Bossu, whom he was standing trial with for conspiracy to rob has since been acquitted and discharged.
By Court
Justice Lydia Osei Marfo after hearing the submission of counsel for the accused said the application for subpoena is refused.
“Looking at the averment contained in the affidavit in support of the motion, especially in paragraphs 7 and 8, they (defense) contended that, the prosecution failed to call these witnesses whom they (defense) believe have relevant information to give to the court in the resolution of the matter.
“For these reasons, the Court should allow them to be subpoenaed by the defense on behalf of the accused.
The Court said, “It should be noted that witnesses are weighed and not countered.”
“It is within their (Prosecution) rights to call any witness they deem relevant to advance their case and if they fail to do so, it could be that their evidence is not relevant to their cases.
Justice Osei Marfo also pointed to section 52 of the Evidence Act to support her decision.
“Looking at the stage of this case and the number of witnesses counsel for the applicant is looking to subpoena on this matter, I am of the considered opinion that to call these people to testify in this stage will be needless same aimed to pile out cumulative evidence cause undue and waste of time.
“The applicant bears no obligation to establish his innocence and has no duty to help the prosecution prosecute their case,” the Court said.
The Court said what he “needs to do now is to testify to challenge the prosecution’s case.”
The earlier motion, which was filed on notice on April 22, 2024, was withdrawn and struck out by the Court.
The case has been adjourned to May 13, for Asiedu to open his defense to charges.
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