An Accra Central District Court has ordered the state to furnish lawyers of the two accused persons in the trial relating to the murder of Joseph Boakye Danquah-Adu with a copy of the bone test report.
Joseph Boakye Danquah-Adu, fondly called JB, was the New Patriotic Party (NPP) Member of Parliament (MP) for Abuakwa North in the Eastern Region,
The court said failure by the prosecution, led by Superintendent Francis Baah, to do so is likely to prejudice the case of the accused persons – Daniel Asiedu, 19, aka Sexy Don Don and Vincent Booso aka Junior Agogo.
The ruling of the court brings to a close weeks of ‘haggling’ over whether or not state prosecutors should give a copy of the result to the defence team.
Ruling
In a ruling yesterday, the court, presided over by Mr Stephen Owusu, stated that the accused persons have the constitutional right to be given the result in order to put up a better defence.
The court held that the prosecution would not prejudice its case by releasing the report, especially when the report did not give the specific age of Daniel Asiedu but rather a range.
Arguments
Earlier, Augustine Obuor, counsel for the accused, had moved an application for the court to compel the prosecution to release the report to the defence team.
He told the court that the acquisition of the report is crucial to the case of Sexy Don Don.
He said he was seeking refuge under the Juvenile Justice Act, Act 653, which gives the judge the power to order an independent bone test on his client.
The former State Attorney argued that the bone test had already been done by the prosecution which was failing to furnish the defence with a copy of it.
He said if it’s established that Daniel Asiedu is a juvenile, the court would known how to handle him and that even per Section 46 (7) of the Act, his client whom he believes is a juvenile ought not be kept at a prison with adults.
Obuor noted that the posturing of the prosecution is contrary to Article 19 (2)(e) of the 1992 Constitution, among others, stressing that per the charges leveled against the accused, several defences were available to him.
Supt. Baah, opposing the application, said the case before the court was one to be tried summarily and that the prosecution was guided by law in such matters.
He stated that the prosecution, in ascertaining the age of the accused, had done a lot of checks.
According to the prosecutor, the bone test did not give the specific age of the accused and that Daniel Asiedu had told the police that he was 19 during his arrest.
Offences
Sexy Don Don is in the dock with Vincent Booso over the death of the legislator.
Sexy Don Don has been slapped with the charge of murder while Agogo faces the charge of abetment of crime contrary to his earlier charge of conspiracy to murder.
In the case of Agogo, the prosecution held that he at about 1am on February 9, this year at Shaishie, East Legon in Accra, abetted Sexy Don Don to commit murder.
Sexy Don Don, according to the prosecution, in the same day and time intentionally and unlawfully caused the death of the MP.
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