By The High Court in Accra has rejected a request from Daniel Asiedu’s legal team, the man accused of the death of 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 faces charges of murder and robbery, sought to compel Ivy Boakye Danquah, the late MP’s wife, Jennifer Achama, their house help, Mrs. Ursula Owusu-Ekuful, the Minister for Communications, and Ken Ohene Agyapong, MP for Assin Central, to provide relevant information on the case.
However, Justice Lydia Osei Marfo, presiding over the Court, deemed that subpoenaing them “to testify at this stage would be unnecessary.”
The Court further stated that “the Applicant (Daniel Asiedu) is under no obligation to prove his innocence” and “has no responsibility to assist the prosecution in building their case.”
In an Ex Parte motion for a subpoena filed on Monday, May 6, by defense lawyer Yaw Dankwah, the four individuals named were Ivy Boakye Danquah (wife of the late MP), Jennifer Achama (their house help), Mrs. Ursula Owusu-Ekufful (Minister for Communications), and Ken Ohene Agyapong (MP for Assin Central).
Counsel asserted that the appearance of these individuals in Court to testify in the matter “would serve the interest of justice to the populace.”
Lawyer Dankwah further argued that during the cross-examination of witnesses in the case, it was revealed that Ivy Boakye Danquah Adu, the wife of the late JB Danquah Adu, was present in the house at the time of his death. However, the Prosecution did not call upon her to testify in the case.
The subpoena also pointed out that Jennifer Achama, the house-help who opened the door for the supposed unidentified police officers to access the building, was not summoned to testify, despite her statement being disclosed in the case.
Furthermore, the subpoena stated that Mrs. Ursula Owusu-Ekufful, Member of Parliament for Ablekuma West and Minister for Communication, should also be summoned by the Court to testify.
The defense contends that Mrs. Owusu-Ekufful was responsible for escorting the third and fourth Prosecution Witnesses and handing them over to a Police Officer at Kanda Highways for further 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 legal team assert that these individuals possess pertinent information that, if presented in court, would aid in expediting the delivery of justice.
They argue that it is within the Court’s authority to issue an Order of Subpoena to Ivy Boakye Danquah Adu, the deceased’s wife, Jennifer Achana, the house-help, Madam Ursula Owusu-Ekuful, Member of Parliament for Ablekuma West and Minister for Communication, and Kennedy Agyapong, Member of Parliament for Assin North, compelling them to appear before the Court and testify in the interest of justice.
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.”
According to sources, the previous motion, which was filed on notice on April 22, 2024, was withdrawn and dismissed by the Court.
The case has been adjourned to May 13 for Asiedu to begin presenting his defense against the charges.
