An Accra District Court has ordered the prosecution in the case in which Daniel Asiedu and Vincent Bossu are accused of murdering the late Member of Parliament for Abuakwa North, Joseph Boakye Danquah Adu, to furnish the counsel for Daniel Asiedu with the medical report on an examination conducted on the accused when he was arrested.
The directive followed an earlier application for an order compelling the prosecution to furnish the counsel for the accused with the medical report.
The trial judge, Stephen Owusu, said the court was of the opinion that Section 181 and 182 of Act 30 only dealt with what the prosecutor was supposed to do as well as submit the list of witnesses and evidence to the defendant.
The court said that the failure to produce the medical report was likely to prejudice the case of the prosecution.
It would be recalled that when Daniel Asiedu was arrested, he was sent to the hospital for his bone to be tested to ascertain his real age, and Mr. Augustine Obour, counsel for the accused, made an application for the prosecution to reveal the report.
According to him, if it was proven that Asiedu was about 11 years, he could not stand trial, because he would be assumed not to have the capacity in law.
However, Superintendent Francis Baah prosecutor, said the District Court could not trial Asiedu and that he was before it only for committal to a higher court.
He added that “ascertaining the true age does not only rely on the medical report because it only gives a range of the age”.
Supt. Baah said that the prosecution did not solely rely on the medical report to arrive at the age of the accused, but went to the school of the accused, the hospital in which he was born in Nigeria, his father’s statement, when the accused was first sentenced to prison in 2012, among others to verify Asiedu’s age.
Consequently the court adjourned the case to December 14.
By Edem Mensah-Tsotorme
l’article apparu sur Ganian times
original article sur Ganian times