The legal counsel of Daniel Asiedu, the man accused of the death of late Member of Parliament (MP) for Abuakwa North Joseph Boakye Danquah-Adu, has requested the High Court in Accra to subpoena four individuals to testify in the ongoing trial.
The subpoena is directed at Ivy Boakye, the wife of the late MP, their house help, and two MPs, Ken Agyapong and Madam Ursula Owusu-Ekuful, the Minister for Communications.
Filed on April 22, 2024, the subpoena, cited by Starrfm.com.gh, stated that their appearance in court to testify in the matter “will be in the interest of justice to the populace.”
Daniel Asiedu, also known as Sexy Don Don, has been ordered to open his defense to two charges—murder and robbery—after the court held that the prosecution had proven prima facie evidence against him.
Vincent Bossu, who was standing trial with Asiedu for conspiracy to rob, has since been acquitted and discharged.
“…During the cross-examination of witnesses in this case, it came to light that Ivy Boakye Danquah Adu, the wife of the late JB Danquah Adu, was in the house at the time of his death yet the Prosecution failed to call upon her to testify in the case though her statement was taken during investigation,” the subpoena stated.
It went on to state that, “Jennifer Achana, the House-help, who opened the door to the house for the supposed unidentified police officers to have access to the building was not called upon to testify, yet her statement was disclosed in the case.”
The subpoena also stated that Madam Ursula Owusu-Ekuful, Member of Parliament (MP) for Ablekuma West and Minister for Communication, should also be invited by the Court to testify.
It is the case of the defence that, Mrs Owusu-Ekuful was the one who took third and fourth Prosecution Witness to hand them over to a Police Officer at Kanda Highways for investigations.
However, “no statement was taken from her neither was any explanation provided as to how she came across PW3 and PW4 and what transpired between them before handing them over to the police officer at the Kanda Highways.”
The subpoena also stated that, “Honourable Kennedy Agyapong, Member of Parliament (MP) for Assin North, granted interviews to media stations which was aired that he has information pertaining to the incident, yet the investigator and his investigating team in the matter did not invite him to aid ni their investigations on this current trial.”
The accused and his lawyers believe that, “these individuals have relevant information, if called upon to testify in this case, will assist the court and the jury to expedite the delivery of justice.”
They also believe that in interest of justice, “this Honourable Court has the power to cause an Order of Subpoena to be issued to Ivy Boakye Danquah Adu, the wife of the deceased, Jennifer Achana, the House-help, Madam Ursula Owusu-Ekuful, MP for Ablekuma West and Minister for Communication, and Kennedy Agyapong, MP for Assin North to appear before the Court to testify.
Time Abridgment
On Monday, Ms. Sophia Armstrong, counsel holding brief for Lawyer Yaw Dankwah, requested the Court to expedite the hearing of the motion for subpoena.
Originally scheduled for May 2, she proposed that the motion be heard on Wednesday, April 24, arguing that the motion filed on April 22 sought to subpoena witnesses to testify.
She explained that they preferred the witnesses to testify first before the accused is called upon to file his Witness Statement and testify.
“We applied to an order of subpoena which has been scheduled for May 2,” she stated.
“We pray for an abridgement of date for the motion filed on April 22, 2024, 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 honourable 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 argued that the matter of subpoena is an administrative issue and not one for the court to expedite. After hearing submissions from both the Defence lawyer and the Prosecution, Justice Lydia Osei Marfo made the following statement.
“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.
According to reports, the Court has ordered Daniel Asiedu to appear on Tuesday at 1 pm to open his defense.
Justice Lydia Osei Marfo presided over the court and stated that if Asiedu fails to appear, his Defense should be considered closed.
Asiedu has pleaded not guilty to charges of murder and robbery. The prosecution, led by Principal State Attorney Sefakor Batse, has called eight witnesses to prove their case.