Court declines Sexy Don Don’s request to subpoena Ken Agyapong, Ursula and two others

A High Court in Accra has declined a request from the lawyers of Daniel Asiedu, the man accused of murdering the late Member of Parliament (MP) for Abuakwa North, Joseph Boakye Danquah-Adu, to subpoena four individuals to testify in the ongoing trial.

Asiedu, who is on trial for murder and robbery, wants the Court to compel Ivy Boakye Danquah, the late MP's wife; Jennifer Achama, their housekeeper; Ursula Owusu-Ekuful, the Minister for Communications; and Kennedy Agyapong, MP for Assin Central, to provide relevant information for the case.

However, the Court, presided over by Justice Lydia Osei Marfo, was of the considered opinion that subpoenaing them to testify at this stage would be needless.

The Court also stated, "The applicant, Daniel Asiedu, bears no obligation to establish his innocence and has no duty to assist the prosecution in their case."

According to the motion for a subpoena filed ex parte (without the prosecution's knowledge) on Monday, May 6, by defence lawyer Yaw Dankwah, the four individuals are: Ivy Boakye Danquah, the late MP's wife; Jennifer Achama, their housekeeper; Mrs. Ursula Owusu-Ekuful, Minister for Communications; and Ken Ohene Agyapong, MP for Assin Central.

Counsel argued that the testimony of these individuals in court would serve the interest of justice for the populace.

Lawyer Dankwah submitted that during the cross-examination of witnesses, it was revealed that Ivy Boakye Danquah Adu, the late JB Danquah Adu's wife, was in the house at the time of his death, yet the prosecution did not call her to testify.

The subpoena further explained that Jennifer Achama, the housekeeper who allowed the supposed unidentified police officers into the house, was not called to testify, although her statement was disclosed during the case.

It also stated that Ursula Owusu-Ekuful, MP for Ablekuma West and Minister for Communications, should be invited by the Court to testify, as she was the one who brought the third and fourth prosecution witnesses to a police officer at Kanda Highways for investigation.

However, no statement was taken from her, nor was any explanation provided regarding how she encountered PW3 and PW4 (3rd and 4th Prosecution Witnesses) and what transpired before she handed them over to the police officer at Kanda Highways.

The subpoena also mentioned that Kennedy Agyapong, MP for Assin Central, gave interviews to media outlets claiming he had information about the incident, yet the investigator and his team did not invite him to contribute to the investigation of the current trial.

The accused and his lawyers believe these individuals possess relevant information and, if called to testify, will assist the court and the jury in delivering justice swiftly.

They also maintain that the Court has the authority to issue a Subpoena Order for Ivy Boakye Danquah Adu, the deceased's wife; Jennifer Achama, the housekeeper; Madam Ursula Owusu-Ekuful, MP for Ablekuma West and Minister for Communications; and Kennedy Agyapong, MP for Assin Central, to appear and testify.

Charges:

Daniel Asiedu, also known as Sexy Don Don, has been ordered to present his defence against two charges, murder and robbery, after the court found that the prosecution had presented prima facie evidence against him.

Vincent Bossu, who was tried alongside him for conspiracy to rob, has been acquitted and discharged.

By Court:

Justice Lydia Osei Marfo, after considering the submission of the accused's counsel, refused the application for a subpoena.

Reviewing the affidavit supporting the motion, particularly paragraphs 7 and 8, the defence contended that the prosecution failed to call witnesses who, they believe, have pertinent information for the court to resolve the case.

For these reasons, the defence argued that the Court should permit these individuals to be subpoenaed on behalf of the accused.

The Court noted that "witnesses are to be weighed, not counted."

"It is the prosecution's prerogative to call any witnesses they deem necessary to advance their case, and if they choose not to, it may be because the evidence is deemed irrelevant.

Justice Osei Marfo also cited Section 52 of the Evidence Act to support her decision.

Considering the stage of the case and the number of witnesses the defence counsel seeks to subpoena, the judge opined that calling these individuals to testify now would be unnecessary, merely adding cumulative evidence that is undue and a waste of time.

"The applicant has no obligation to prove his innocence and is not required to assist the prosecution," the Court declared.

The Court advised that what he needs to do now is testify to challenge the prosecution's case.

EIB Network’s Legal Affairs Correspondent, Murtala Inusah, reports that the earlier motion, filed on notice on April 22, 2024, was withdrawn and struck out by the Court.

The case has been adjourned to May 13, when Asiedu will begin his defence against the charges.