Daniel Asiedu and Vincent Booso
Defence lawyer in the trial of the two persons over the death of Joseph Boakye Danquah-Adu, the New Patriotic Party (NPP) Member of Parliament (MP) for Abuakwa North in the Eastern Region, is battling the prosecution for a copy of the medical report regarding the age of his client.
According to Augustines Obour, the prosecution, led by Superintendent Francis Baah, had taken his client – Daniel Asiedu, 19, aka Sexy Don Don, to the Police Hospital in Accra for a medical test to ascertain his real age.
He argued that his client was led like a “lamb” to the hospital which is manned by personnel of the Ghana Police Service, stressing that he (client) could not resist the powers of the state.
Obour noted that the provision of the said medical report could change the status of the case, adding that when Daniel Asiedu mentioned his age to the police they doubted it.
In his application before the court, presided over by relieving Magistrate Worlanyo Kotoku, the lawyer said the court ought to order the prosecution to make the results available to the defence team as per Article 19(2) (c) of the 1992 Constitution.
With particular reference to the said Article, counsel said the mention of the word “facilities” also meant that the provision of all documents, like the one he was demanding to enable the accused fight his defence in the case.
Lamb?
Supt. Baah, opposing the application, stated that it was too early in the trial for the lawyer to be demanding for the said documents.
The prosecutor noted that counsel’s use of the word “lamb” was unfortunate, particularly when the issue of the age of Daniel had never arisen in the history of the trial.
The senior police officer indicated that he was yet to receive the report from the hospital and that he was in touch with the officials of the health facility in that respect.
He said the prosecution had never doubted the age of the accused and that the trial was not at the stage where the prosecution was required to provide the defence with the said documents.
Supt. Baah explained that there was some leg work that ought to be done, including visiting the school the accused attended, the church where he was baptized and contacting his parents.
Ruling
After minutes of legal battle, the Accra Central District Magistrate set July 19 to decide whether or not Mr Obour deserves the medical reports.
Daniel Asiedu is in the dock with one Vincent Booso aka Junior Agogo, over the death of the NPP law maker.
The prosecutor held that Agogo assisted him (Daniel) to go through the gate of the late MP and also kept watch at the gate.
Supt. Baah maintained that the court is not the forum to tender the statements of the accused, stressing that Agogo had not denied his involvement in the murder of the late MP.
Daniel has been slapped with the charge of murder while Agogo faces charges of abetment of crime contrary to his earlier charge of conspiracy to murder.
By Jeffrey De-Graft Johnson
jeffdegraft44@yahoo.com