The High Court in Accra has ordered Daniel Asiedu alias Sexy Don Don, who is standing trial in the murder of J.B Danquah late Member of Parliament for Abuakwa North, to appear in Court on Tuesday, April 23, and open his Defence to charges.
The court said should he fail to do, the court would deem his defense to charges closed.
Justice Lydia Osei Marfo gave an order on Monday, April 22 after lawyers of Daniel Asiedu told the Court that, they intend to subpoena some witnesses to testify before the accused will file his Witness Statement.
On March 26, the Court ordered Asiedu who is also facing a charge of robbery to open his defence.
This was after the court held in a submission of no case to answer that, the Prosecution had been able to establish a Prima facie evidence against him through its witnesses.
The court subsequently, directed him to file his Witness Statement either by himself or any other witnesses he intends to call on or before April 15.
The case was adjourned to today Monday, (April 22, 2024) for him to open his defense to two charges of murder and robbery.
However, when the case was called, Ms Sophia Amstrong, counsel who was holding brief for Lawyer Yaw Dankwah said they had a motion for the court to subpoena some witnesses for the accused.
She said, the Subpoena witnesses will testify first before the accused is called upon to file his Witness Statement and testify.
“We filed an application for an order of subpoena which has been scheduled for May 2,” she stated.
“We pray for an abridgment of date for the motion 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 honorable 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 matter of subpoena is rather an administrative matter and not for the court to abridge time for it to be heard.
By Court
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.
Bad faith
It was also the case of the Court that, the request by Counsel for the accused person had been brought in a “very bad faith.”
To buttress her point, she said, “The last time the case was called was on March 19, We all agreed to come to court today (April 22) at 1:00 pm for the accused to open his Defence.
The Court recounted that the accused “was asked to file a witness statement for himself and for any other person he desires to call as a witness, and that was to be done on or before April 15.”
Justice Marfo said, “Knowing that they wanted to subpoena any particular witnesses to testify before the accused file his Witness Statement the same should have been done timeous enough and not Monday, April 22.”
What the court found Interesting is that, “the so-called motion was filed today (April 22) at 10:10 am.”
This, the judge said, “Justice could not done this way.”
No delay tactics
Justice Marfo said, “Already this case has been pending before me for at least almost 4 years, and we are yet to conclude the trial.”
She said, “This court will not be part of any conspiracy theory to delay the trial of this matter any further.”
The Court said, “The accused person was asked to file his Witness Statement ahead of today (April 22) to testify today, and if his lawyers knew they did not want him to testify they would have said so the day the order was made.”
“He (Accused) cannot come at this 11th hour and spring this surprise on the court,” stated.
“The court has agreed with lawyers on either side to be here tomorrow at 1 pm for the trial to continue.”
Order
The Court said “The accused person is hereby ordered to appear in court tomorrow (April 23) to open his defense failing with which his case would be closed.
“Further orders would be given for closing addresses and summing up,” the Court noted.
Daniel Asiedu was absent from Monday’s Court and his lawyers informed the Court that he had been taken ill.
The Court before adjourning the case directed the lawyers to produce evidence of his illness signed by an accredited medical officer tomorrow.
“Let the evidence of the accused person’s illness signed by an accredited medical officer be brought to court tomorrow (April 23),” the Court said.
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