Eric Kojo Duah
An Accra High Court has ordered the prosecution in the case of Eric Kojo Duah and Michael Sarfo Ani, who are standing trial for the murder of two police officers at Budumburam, near Kasoa, in 2019, to ensure that lawyers for the accused persons are served with disclosures and witness statements.
The court’s order came after Mr. Adama who held brief for Augustines Obour, counsel for Duah, told the court that they had not been served with the trial documents.
The prosecution led by Nana Ama Prempeh, a State Attorney, had told the court that they filed their disclosures and witnesses statements as previously ordered by the court and they were therefore, ready for case management conference (CMC).
But Mr. Adama said they were not served although his attention had just been drawn to the facts that the disclosures as well as witness statements had been filed.
The court presided over by Justice El-Freda Dankyi, therefore, ordered the prosecution to ensure that counsels for the accused persons are served with disclosures and witness statements.
She also ordered them to serve hearing notice on counsel for Michael Sarfo Ani who was absent during yesterday’s proceeding.
The case was adjourned to January 25, 2021 for case management conference.
The prosecutor at the last sitting during her opening address had told the jury that the accused persons have been put on trial on four counts of abetment of murder and murder contrary to Section 46 of the Criminal and Other Offences Act, 1960 (Act 29).
She read over the brief facts of the case which indicated that Eric Kojo Duah gruesomely killed the two cops who were performing their duties on the fateful day.
According to her, Kojo Duah in his investigation caution statement indicated that it was Ani Sarfo who picked the loaded pistol from the car’s letter box, cocked it and handed to him to shoot the policemen in turns.
Ms. Prempeh told the court that autopsy report concluded that the officers died of gunshot wound from close and long range, and added that the prosecution will prove that Kojo Duah intentionally and unlawfully shot and killed the two police officers.
She revealed that the prosecution will be calling six (6) witnesses to prove their case beyond reasonable doubt.
Augustines Obuor, counsel for Duah, said he was sure the prosecution in their address never told the jury exactly what the deceased officers also did for the accused person to pull the trigger.
He said “it sounds completely abnormal that the first accused person will take a gun and shoot two police men.”
“What I want to bring your mind to is that what happened in the circumstances of this case is similar to anyone of you lying down in bed in your bedroom with a registered gun by your side then two armed robbers forcibly caught up with you in your room through the window, what you will do is the precedent you are about to set, whether you will allow the gun to lie beside you for you to be killed,” Mr. Obuor added.
Isaac Okyere-Kumah, counsel for Michael Ani Sarfo on his part told the jury that his client has pleaded not guilty and is therefore, presumed innocent thereby leaving the burden on the prosecution to prove his guilt.
“As members selected to represent the entire Ghanaian community in the instant trial, I entreat you to do your work without any fear or favour. This you can do by listening to the evidence that will be adduced by the prosecution in support of this case,” he said.
He added that at the close of the prosecution’s case the jury will have the opportunity to agree with his client that he had been wrongfully charged and that there would not be any need for him to open his defence.
“In the event it happens otherwise, A2 will open his defence and call any witnesses who are material to testify in this court in support of his case,” Mr. Okyere-Kumah added.
BY Gibril Abdul Razak