The jury in the murder case of the late Member of Parliament for Abuakwa North, J.B Danquah, has served notice of their absence from jury duties, due to the non-payment of their allowances.
The jurors stated that since March 2022, they have not received any allowances in any form and proclaimed that their ability to carry on their responsibilities have been gravely affected, as they cannot bear the cost of footing their transportation to and fro, while attending court hearings.
This was contained in a letter addressed to the Judge presiding over the case. This, however, has served as a challenge to the trial, which has been in session since 2021. The Judge directed that the court is unable to provide any specific date, by which the Jury will be brought to the proceedings.
In the interim, the High Court in Accra admitted to evidence-caution-statements by accused persons in the murder case of the late MP for Abuakwa, North JB Danquah, during interrogation.
This follows a mini-trial as a result of an objection raised by lawyers for the accused persons, Daniel Asiedu and Vincent Dosso. The lawyers indicated that the caution statements, which prosecution’s eight witnesses intended to tender during his testimony, were not taken from the accused persons voluntarily.
In line with the dictates of section 126(6) of the Evidence Act, a mini-trial was held in the absence of the Jury to determine whether or not the caution statements should be excluded from the evidence of the prosecution.
The prosecution during the mini-trial, called witnesses including the investigator, who was cross-examined. However, after consideration were made of the evidence presented during the mini-trial, the court ruled that the caution statements were made voluntarily and hence, overruled the objection of the counsel of the accused person.
The presiding Judge, Justice Lydia Osei Marfo in her ruling, stated that the accused persons were not coerced by the Police, nor were they promised any favors before they voluntarily gave the caution charge statement.
Court Overrules Sexy Don Don’s Objection In Mini-Trial
The substantive trial of the case in which Daniel Asiedu, alias Sexy Don Don is facing the charge of murder, has been restored after nine months following the conclusion of the mini trial.
The Criminal Division of the Accra High Court on July 19, last year, put the substantive trial on hold for a mini trial, after lawyers of Asiedu and Vincent Dosso, accused the police of coercing them into giving statements, without their will.
Justice Lydia Osei Marfo, the presiding judge after hearing testimonies from the investigator, independent witnesses and upon hearing the accused persons’ testimonies ruled that, the statements given to the police by the accused persons were voluntarily taken.
“I have looked at the various statements tendered by the prosecution, as well as evidence of prosecution witnesses. I have also considered the defence of both accused persons and I hereby ruled that the statements the accused persons offered to the police, which were tendered during the mini trial by the prosecution, was made voluntarily by the accused persons.
“They were not coerced by the police to make any statements, neither were they promised any favours before they voluntarily gave their cautioned or charged statements. The objection by the defence in respect of the cautioned statements not being voluntarily taken, is overruled.”
Justice Lydia Osei Marfo
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