Late JB Danquah murder: High Court declines request for Ken Agyapong, Ursula Owusu, 2 others to testify

An Accra High Court has declined a request by lawyers of Daniel Asiedu, the prime suspect in the murder trial of former Abuakwa North MP, JB Danquah to subpoena 4 persons including his spouse and Kennedy Agyapong who they considered as key to the case.

Daniel Asiedu, also known as ‘Sexy Don Don’ had filed a motion urging the Court to compel Ivy Boakye Danquah, wife of the late MP, Jennifer Achama, a house help, Communications Minister Ursula Owusu-Ekuful, and MP for Assin Central Kennedy Agyapong to assist prosecution with relevant information on the case.

His lawyers argued that it became apparent during cross-examination of witnesses that JB Danquah’s wife was in the house at the time of his death, but she was not called by the prosecution for questioning.

They also indicated in their motion that the housekeeper gave access to Police officers who entered the building but was not probed.

Citing Minister for Communications, Ursula Owusu, Sexy Don Don’s lawyers averred that she handed over two witnesses to the Police for investigations without getting questioned herself.

Again, they noted that the Assin Central legislator, Kennedy Agyapong had claimed in media interviews that he had facts on the murder incident of JB Dankwa but was also not queried by the prosecution.

But presiding judge, Justice Lydia Osei Marfo in her ruling held that compelling the quartet to testify at this stage will be needless.

She charged Daniel Asiedu to testify to challenge the prosecution’s case against him since it was not his duty to help the prosecution prosecute their case.

She added that it could be the case that the Prosecution found the evidence of the four persons not relevant to the case.

“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.