Daniel Asiedu
A High Court in Accra has given Daniel Asiedu a last opportunity to open his defence in the trial in which he is accused of murdering the late JB Danquah-Adu, the then Member of Parliament for Abuakwa North in the Eastern Region, or risk having his case closed for him.
Justice Lydia Osei Marfo, the presiding judge gave the order after the accused who was expected to open his defence yesterday was absent, and it turned he has also not filed his witness statement and that of his witnesses as previously ordered by the court.
The court on March 27, 2024, after holding that the accused had a case to answer, ordered him to file his witness statement and those of any witnesses he intends to call before April 15, 2024, and then open his defence on April 22, 2024.
But Sophia Armstrong who held brief for Yaw Dankwa, counsel the accused told the court yesterday that she had been informed that the accused was indisposed which was why he was not brought to court.
She indicated that they have filed an application to subpoena certain witnesses to testify on behalf of Daniel Asiedu.
She said it was a decision by the defence to have the subpoenaed witnesses testify before Daniel Asiedu would testify himself.
“We intend to subpoena them before we file our witness statement. 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 aid the court and the jury in the determination of the case before it,” she told the court.
Sefakor Batse, a Principal State Attorney in response said considering that they intend to subpoena witnesses, the proper way is to see the registrar of the court to make that arrangement and not by way of a motion, adding that “there will be no need for this court to fix a date to hear a motion to subpoena witnesses.”
Justice Marfo in a ruling said to subpoena a witness to testify on behalf of any party would be done by the registrar of the court at the request of any party and there is therefore, no need for any motion to be filed for an order.
She took exception to defence counsel’s position that they intend to have the subpoenaed witnesses testify before the accused would file his witness statement, indicating that the request by counsel for the accused person was in a very bad faith.
She said the court last sat on March 27, 2024, and the defence knowing that they wanted to subpoena any particular witness to testify before the accused filed his witness statement, they should have done so “timeous enough and not today.”
She also pointed out that the said application to subpoena the witnesses was filed yesterday, stating that “justice is not done this way.”
“Already this case has spent at least before me, almost four (4) years and we are yet to complete the trial. This court will not be part of any conspiracy theory to delay the trial of this matter any further,” Justice Marfo stated.
She continued that “they cannot come at this 11th hour to spring this surprise on the court,” and subsequently ordered Daniel Asiedu to appear before the court today, April 23, 2024, “to open his defence, failing which his case would be closed and this would be followed by closing address and summary.”
BY Gibril Abdul Razak