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 that should he fail to do so, the Court would deem his defence to charges closed.

Justice Lydia Osei Marfo gave an order on Monday, April 22, after the lawyers of Daniel Asiedu told the Court that they intended to subpoena some witnesses to testify before the accused files his Witness Statement.

On March 26, the Court ordered Asiedu, also facing a robbery charge, to open his defence.

This was after the Court held in a submission of no case to answer that the Prosecution had been able to establish 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 intends to call on or before April 15.

The case was adjourned to 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 had a motion for the Court to subpoena some witnesses for the accused.

She said the subpoenaed 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 abridgement of date for the motion 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 help 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 matter of subpoena is rather an administrative matter and not for the Court to abridge the time for it to be heard.

Justice Lydia Osei Marfo, after listening to the submissions from both the Defence lawyer and the Prosecution, stated the following:

“To subpoena a witness to testify on behalf of any party 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 1:00 pm 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 files 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 10:10 am.”

This, the judge said, “Justice could not be done this way.”

No delay tactics

Justice Marfo said, “Already this case has been pending before me for 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 person 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. The Court has agreed with lawyers on either side to be here tomorrow at 1 pm for the trial to continue,” she stressed.

Order

The Court said, “The accused person is hereby ordered to appear in Court tomorrow (April 23) to open his defence, failing with 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 that he had been taken ill.

The Court, before adjourning the case, directed the lawyers to produce evidence of his illness signed by an accredited medical officer today.

“Let the evidence of the accused person’s illness signed by an accredited medical officer be brought to court tomorrow (April 23),” the Court said.