The High Court in Accra has ordered Daniel Asiedu alias Sexy Don Don to appear in Court on Tuesday April 23 and open his Defence to charges including murder.
The court said should he fail to do that, the court will deem his defence to charges closed.
Justice Lydia Osei Marfo gave the order on Monday April 22 after lawyers of Daniel Asiedu told the Court that, they intend to subpoena some witnesses to testify before the accused will file his Witness Statement.
On March 26, the Court ordered Asiedu who is also facing a charge of robbery to open his defence.
This was after the court held in a submission of no case to answer that, the Prosecution has been able to establish a Prima facie evidence against him through its witnesses.
The court subsequently, directed him to file his Witness Statement either by himself or any other witnesses he intend to call on or before April 15.
The case was adjourned to Monday, (April 22, 2024) for him to open his defence to two charges of murder and robbery.
However when the case was called, Ms Sophia Amstrong, counsel who was holding brief for Lawyer Yaw Dankwah said they have a motion for the court to subpoena some witnesses for the accused.
She said, the. Subpoena witnesses will testify first before the accused is called upon to file his Witness Statement and testify.
“We filed an application for an order of subpoena which has been scheduled for May 2,” she stated.
“We pray for an abridgment of date for the motion to be heard on Wednesday April 24 at 12 noon,” Ms Amstrong told the Coirt.
“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 honorable 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, submitted that, the the matter of subpoena is rather an administrative matter and not for the court to abridge time for it to be heard.
*By Court*
Justice Lydia Osei Marfo after listening to the submissions from both the Defence lawyer and the Prosecution stated as follows.
“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.
*Bad faith*
It was also the case of the Court that, the request by Counsel for the accused person had been brought in a “very bad faith.”
To buttress her point, she said, “the last time the case was called was on March 19, We all agreed to come to court today (April 22) at 1:00pm for the accused to open his Defence.
The Court recounted that, the accused “was asked to file a witness statement for himself and for any other person he desires to call as a witness and that was to be done on or before April 15.”
Justice Marfo said, “Knowing that they wanted to subpoena any particular witnesses to testify before the accused file his Witness Statement the same should have been done timeous enough and not today (Monday April 22).”
What the court found Interesting is that, “the so-called motion was filed today (April 22) at 10:10am.”
This the judge said, “Justice could not done this way.”
*No delay tactics*
Justice Marfo said “already this case has been pending before me at least almost 4 years and we are yet to conclude the trial.”
She said, “this court will not be part of any conspiracy theory to delay the trial of this matter any further.”
The Court said, “the accused persons was asked to file his Witness Statement ahead of today (April 22) to testify today and if his lawyers knew they did not want him to testify they would have said so the day the order was made.”
“He (Accused) cannot come at this 11th hour and spring this surprise on the court,” stated.
“The court has agreed with lawyers on either side to be here tomorrow at 1pm for the trial to continue.”
*Order*
The Court said “The accused person is hereby ordered to appear in court tomorrow (April 23) to open his defense failing which his case would be closed.
“Further orders would be given for closing addresses and summing up,” the Court noted.
EIB Network’s Legal Affairs Correspondent, Murtala Inusah reports that, Daniel Asiedu was absent from Monday’s Court and his lawyers informed the Court the he had been taken ill.
The Court prior to adjourning the case directed the lawyers to produce evidence of his illness signed by an accredited medical officer tomorrow.
“Let evidence of the accused person illness signed by accredited medical officer be brought to court tomorrow (April 23),” the Court said.
*Source: Ghana/Starrfm.com.gh/Murtala Inusah*
