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Lawyers of Daniel Asiedu the man accused of the death of late Member of Parliament (MP) for Abuakwa North Joseph Boakye Danquah-Adu have asked the High Court in Accra to subpoena four persons to testify in the ongoing trial.
The four whom their subpoena is directed at are the wife of the late MP, Ivy Boakye, their house help, and two MPs Ken Agyapong and Madam Ursula Owusu-Ekufful, the minister for Communications.
A Subpoena filed on April 22, 2024, cited by Starrfm.com.gh indicated that the appearances of these persons in Court to testify in the matter “will be in the interest of justice to the populace.”
Daniel Asiedu alias Sexy Don Don has been ordered to open his defence 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.
“…During the cross-examination of witnesses in this 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 though her statement was taken during investigation,” the subpoena stated.
It went on to state 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 Madam Ursula Owusu-Ekuful, 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 defence that, Mrs Owusu-Ekuful 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 and what transpired between them before handing them over to the police officer at the Kanda Highways.”
The subpoena also stated that, “Honourable Kennedy Agyapong, Member of Parliament (MP) for Assin North, granted interviews to media stations which was aired that he has information pertaining to the incident, yet the investigator and his investigating team in the matter did not invite him to aid ni their investigations on this current trial.”
The accused and his lawyers believe that, “these individuals have relevant information, if called upon to testify in this case, will assist the court and the jury to expedite the delivery of justice.”
They also believe that in interest of justice, “this Honourable 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.
Time Abridgment
On Monday, Ms Sophia Amstrong, counsel who was holding brief for Lawyer Yaw Dankwah prayed the Court to abridge the time for the motion for subpoena to be heard on Wednesday, April 24 instead of May 2 when it was originally fixed to be heard.
She argued that the motion filed on April 22 was to ask the Court to subpoena some witnesses to come and testify.
She said they want Subpoena witnesses to testify first before the accused is called upon to file his Witness Statement and also testify.
“We applied to an order of subpoena which has been scheduled for May 2,” she stated.
“We pray for an abridgement of date for the motion filed on April 22, 2024, to be heard on Wednesday, April 24 at 12noon,” Ms Amstrong told the Court.
“We intend to call these witnesses to come and testify in the matter before we file our Defence.
“We pray the court indulges us for these witnesses to appear before this honourable court and also aide the court and the jury to come to a determination of the case before it,” she prayed.
Principal State Attorney, Mrs. Sefakor Batse, submitted that the the matter of subpoena is rather an administrative matter and not for the court to abridge time for it to be heard.
Justice Lydia Osei Marfo after listening to the submissions from both the Defence lawyer and the Prosecution stated as follows.
“To subpoena a witness to testify on behalf of any party it is an administrative work to be done by the registrar of this court at the request of any such party and therefore no need for any motion to be filed to that effect,” Justice Marfo remarked.
EIB Network’s Legal Affairs Correspondent, Murtala Inusah, reports that the Court has ordered Daniel Asiedu who was absent on Monday (April 22) to appear on Tuesday (at 1 pm) to open his defence.
The Court presided over by Justice Lydia Osei Marfo said, if he fails to do so he should consider his Defense closed.
Asiedu has pleaded not guilty to the charges of murder and robbery.
The prosecution led by Sefakor Batse, a Principal State Attorney has called eight witnesses to prove their case
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