Defence counsel, Augustine Obour says the case against one of the two persons standing trial for the murder of Member of Parliament for Abuakwa North is “incompetent” and prayed the court to accordingly strike it out.
He questioned the prosecution’s use of the word “assistance” in the charge sheet to describe the role of Vincent Bosso in the alleged murder of the late MP, Joseph Danquah-Adu.
Bosso has been charged with abetment of crime while Daniel Asiedu is facing a charge of murder. The two had previously been put before court separately but the prosecution on Wednesday consolidated the two cases.
When the case came up in court, the prosecution announced its decision to withddraw the previous charges against the two accused persons to allow it merge the two case dockets. The court consequently discharged the accused on those charges, but were re-arrested and the new charges preferred against them.
But the defence lawyer argued in court Wednesday that the mere use of the word “assistance” does not clearly explain how Bosso assisted Asiedu to allegedly murder the late MP.
Mr Obour averred that when someone is charged with an abetment of crime as is the case of Bosso, the law requires the prosecution to clearly state in the charge sheet, how the person carried out or committed the said crime and not just using the mere word of assistance.
“The facts as described in the charge sheet does not communicate the word. It must indicate clearly how the assistance of Bosso took place,” he argued.
The defence counsel further stated that the charge sheet and the fact of the case did not have the signature of the prosecutor, adding the investigator also signed the document without a name, all of which he described as unacceptable and challenged the prosecution to give details.
Prosecuting Supt Francis Baah in his response said the case was still at its initial stage and it was too early to disclose certain information on the fact sheet as investigation was still ongoing
The court presided over by Mr Stephen Owusu, having listened to the arguments from both sides request of the defence for the case to be struck out, saying that the second Bosso’s assistance in the crime was relative because his role cannot be dismissed.
He, however, added that his role in the crime is subject to proof in court.
The court thus remanded the two into Police custody to appear again on June 2.
By Lydia Ezit|Onua 95.1FM|3news.com|Ghana