Vincent Bosso and Daniel Asiedu
The Attorney General and Minister for Justice says the state is discontinuing the prosecution of the two persons standing trial over the murder of Joseph Boakye Danquah-Adu, the New Patriotic Party (NPP) Member of Parliament (MP) for Abuakwa North in the Eastern Region.
This was contained in a Nolle Prosequi dated May 29, 2017, filed by the prosecution headed by Sefakor Batse, a Senior State Attorney.
The AG, Gloria Akuffo, has stated that fresh investigations had begun into the murder of the Abuakwa MP.
She told Joy FM yesterday that although the two were discharged, she expected them to be re-arrested.
“…The two are not gone… they are not walking free at all,” she explained.
“We have reviewed the docket and we have come to the conclusion that there are aspects of the matter that require further investigation,” Ms Akuffo added.
Nolle Prosequi is Latin expression for “we shall no longer prosecute.”
A prosecutor in a criminal case will enter a statement into the record that the government will no longer pursue the matter, made after charges are brought but before a verdict is returned or a plea entered.
This is usually done when the prosecutor has realized that the case against the defendant has deteriorated.
A Nolle Prosequi may be entered in either a criminal or a civil case.
In criminal cases, it may be entered at any time before the finding of the grand jury, by the AG and generally after a true bill has been found.
The effect of an NP, when obtained, does not operate as an acquittal because an accused may afterwards be re-indicted, and even upon the same indictment, fresh process may be awarded.
The filing of the document to discontinue the prosecution does not come as a surprise, especially when the prosecution two weeks ago had indicated to the court that there had been new developments in the case.
The AG had wanted the court to grant them an adjournment to enable state prosecutors address those developments.
At yesterday’s sitting, the business of the day, which was the empanelling of a seven-member jury to start the trial, was dashed.
Ms Batse told the court, presided over by Justice Lawrence L. Mensah, that per Section 54 of the Criminal and Other Offences Act, the AG had entered NP in respect of the case.
She said the prosecution had to bring the issue to the attention of the court.
Muniru Kassim, lawyer for the accused persons – Daniel Asiedu, 19 aka Sexy Don Don, phone dealer and Vincent Bosso aka Junior Agogo, phone repairer, said the AG has the prerogative to do so.
He stated that understandably the prosecution would not object the filing of the NP.
Justice Mensah said since the NP preceded the prosecution, the accused persons “are hereby discharged.”
The court was inundated by armed policemen, who closely monitored proceedings.
The two simply stood in the dock gazing at the judge.
The duo is before the court after the District Court, presided over by Stephen Owusu, last month committed them to the high court for trial.
Sexy Don Don has been slapped with the charge of murder while Agogo faces conspiracy to rob.
In the case of Agogo, the prosecution held that he at about 1:00 am on February 9, 2016 at Shiashie, East Legon in Accra, conspired with Sexy Don Don to commit murder.
Sexy Don Don, according to the prosecution, on the same day and time intentionally and unlawfully caused the death of the MP.
Agogo, the prosecution’s Bill of Indictment states, did not enter the house of the MP because of a misunderstanding with Sexy Don Don on which house to rob.
The pleas of the two have not been taken.
By Jeffrey De-Graft Johnson
jeffdegraft44@yahoo.com