An Accra High Court has denied a request by lawyers representing Daniel Asiedu, the prime suspect in the murder trial of former Abuakwa North MP, JB Danquah, to subpoena four individuals, including Kennedy Agyapong and Communications Minister Ursula Owusu-Ekuful, whom they deemed crucial to the case.
Daniel Asiedu, also known as ‘Sexy Don Don,’ filed a motion urging the court to compel Ivy Boakye Danquah, the late MP’s wife, Jennifer Achama, a house help, Minister Ursula Owusu-Ekuful, and MP Kennedy Agyapong to provide relevant information to assist the prosecution in the case.
His legal team argued that during the cross-examination of witnesses, it became evident that JB Danquah’s wife was present in the house at the time of his death but was not questioned by the prosecution. They also highlighted that the housekeeper allowed police officers access to the building but was not interrogated.
The motion further stated that Minister Ursula Owusu-Ekuful handed over two witnesses to the police for investigation without being questioned herself. Additionally, they pointed out that Kennedy Agyapong claimed in media interviews to possess facts about JB Dankwa’s murder but was not queried by the prosecution.
However, presiding judge Justice Lydia Osei Marfo ruled that compelling the quartet to testify at this stage would be unnecessary. She advised Daniel Asiedu to testify to challenge the prosecution’s case against him, emphasizing that it was not his obligation to assist the prosecution.
Justice Lydia Osei Marfo explained that the prosecution had the right to call any relevant witnesses to advance their case. She concluded that summoning these individuals to testify at this stage would be superfluous and could prolong the proceedings unnecessarily.
“Looking at the averment contained in the affidavit in support of the motion, especially in paragraphs 7 and 8, they (defense) contended that, the prosecution failed to call these witnesses whom they (defense) believe have relevant information to give to the court in the resolution of the matter.
“For these reasons, the Court should allow them to be subpoenaed by the defense on behalf of the accused.
“It should be noted that witnesses are weighed and not countered.”
“It is within their (Prosecution) rights to call any witness they deem relevant to advance their case and if they fail to do so, it could be that their evidence is not relevant to their cases.
“Looking at the stage of this case and the number of witnesses counsel for the applicant is looking to subpoena on this matter, I am of the considered opinion that to call these people to testify in this stage will be needless same aimed to pile out cumulative evidence cause undue and waste of time.
“The applicant bears no obligation to establish his innocence and has no duty to help the prosecution prosecute their case,” Justice Lydia Osei Marfo indicated as she declined the motion to subpoena.
The trial has been adjourned to May 13.
