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Crime & Punishment of Thursday, July 11, 2019
Source: Graphic.com.gh
2019-07-11
Daniel Asiedu and the late legislator J.B Danquah-Adu
The psychiatrist who performed the psychiatric examination of Daniel Asiedu, the alleged murderer of the former legislator, MJB Danquah-Adu, will appear in the High Court of Accra to explain why he had concluded that Asiedu was mentally stable.
The alleged murderer's lawyers will cross-examine Dr. Sammy Ohene at the July 22, 2019 hearing.
The doctor will also go to court that day to take an oath as a witness in order to submit his report on Asiedu's mental state.
The court, chaired by Judge George Buadi, ordered the doctor 's appearance at Thursday' s hearing in court after Asiedu 's attorney, Mr Augustine Obour, drew the court' s attention. the court's attention to the fact that Dr. Ohene had not submitted his report under oath as required by law.
According to the lawyer, according to section 61 of the Evidence Act of 1973 (NRCD, 323), before the report can be admitted as an exhibit, the doctor must present it as a witness sworn.
"He has to appear as a witness and be sworn in before he can hand in the report," said the lawyer.
Court order
In her response, the prosecutor, Ms. Sefakor Batse, Senior General Prosecutor, objected to the counsel's submission and stated that it was not necessary for the doctor to return to court to take an oath.
According to her, when Judge Buadi read Dr. Ohene's report on June 27, 2019, another lawyer, who had replaced Lawyer Obour, had not asked the doctor any questions, any more than the doctor. ;charge.
"The doctor had to be sworn if we had questions to ask him, but there was none for him," she said.
At that time, Judge Buadi told the Attorney General that the report could not be considered because Dr. Ohene did not take it under oath.
Therefore, he agreed with counsel Obour and ordered the clerk of the court to inform the doctor to appear in court on July 22, 2019 to take an oath under oath to present the report and submit it to cross-examination.
report
On June 27, 2019, Dr. Ohene's report read by Judge Buadi showed that Asiedu was a sane person.
According to the report, four different psychiatric exams were conducted on Asiedu and all showed that he was in good mental health.
The report further stated that Asiedu's father had been questioned and that his son had no history of mental illness, but rather a history of delinquency.
The psychiatric examination was ordered by the court on April 14, 2019 following a prayer from Mr. Obour, who had claimed to believe that his client was not healthy in spirit.
death
Mr. Danquah-Adu was the deputy of Abuakwa-North of the Eastern Region when he was badbadinated on February 9, 2016 at his home in Shiashie, near Accra.
Asiedu and another defendant, Vincent Bosso, pleaded not guilty to conspiracy to commit robbery, while Asiedu pleaded not guilty to murder and robbery.
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