A pregnant juror in the case in which Daniel Asiedu alias Sexy Don Don is standing trial for the murder of the late Member of Parliament for Abuakwa North, Joseph Boakye Danquah Adu has ignored a request from the Court to be part of the trial within “reasonable” time.
The juror who has put to bed on Tuesday October 10, 2023, is said to have “failed to disclose her time (for labour)” to the Court.
The delivery has caught the Court by surprise after putting to bed later than she had communicated to the court when it was picking future dates in July.
Justice Lydia Osei Marfo, the trial judge said, “she (Juror) failed to disclose to the Court that her time was not due at that immediate period the Court had intimated she was going to deliver.”
The Court also said, “not any words of persuasion from me (Judge) to think and die a little hard for Ghana could compel her to give me a specific date to join this trial.”
The trial court had prior to the Legal vacation picked series of dates with the jury together with the parties for the continuation of the trial where the Investigator, was expected to continue with his testimony.
With the latest development, the dates picked for hearings in October (this month) and those in November (next month) have all been waived to await for the said juror.
Asiedu who stands accused of killing the Abuakwa North MP at his residence at Shiashie on February 9, 2016, is also facing a charge for robbery.
Daniel Asiedu and Vincent Bossu, have both been charged with conspiracy to commit robbery. They are both in lawful custody and prosecution last witness is in the witness box.
What happened?
“Yesterday (Tuesday October 10) this case was called and I (Judge) was informed that one of the jurors (name withheld) had delivered for which reason she could not show up in Court,” the court said.
The Court said, “before the legal vacation, this Court together with the jury and counsel on both sides agreed on series of dates spanning between 10th October, 2023 and 16th November, 2023.”
According to the judge during the exercise, “the Court had the belief and in fact told the said juror that by the time the legal year begin she may have delivered and recovered sufficient enough to be part of the trial.
“Incidentally, she failed to disclose to the Court that her time was not due at that immediate period the Court had intimated she was going to deliver,” the court laments.
“Yesterday (Tuesday) when I got the news that she had delivered, I (judge) asked the foreman to get in touch with her to give us a reasonable time within which she could recover and join the trial.
“This morning, (Wednesday October 11), before this case was called however, the foreman came to inform me she has refused to pick any of their calls.
“I collected her phone contact, called her and requested her to give me a date within which she believes she can join the trial.
“From my engagement with her which lasted for about 15 minutes, she was unable to tell me when she can come to Court.
“Although I had requested her to think of the stage at which this case had reached, the consequences that we would have to endure if it had to delay further just because she is not going to be part of the trial any moment.
“She was insistent that she needed three months according to her doctor to recover, although she admitted she had a normal delivery and this was not her first child birth.
“Not any words of persuasion from me to think and die a little hard for Ghana could compel her to give me a specific date to join this trial,” the judge subsequently hanged up.
No choice
Justice Osei Marfo said, for now, “I will have no choice than to waive some of the dates we previously agreed upon with her.”
In the candid opinion of the Court, the judge said “I will waive the dates between 10th October, 2023 to the 9th November, 2023.”
“It is believed that all things being equal, a person who had undergone a normal delivery and this not being her first time experience should be fit enough to be part of this trial from the 14th of November, 2023.
“The Court on the phone with her assured her of all protection and assistance to keep her and her child comfortable during the trial.
“Therefore, this case adjourned to the 14th of November, 2023, which is part of the dates saved ahead of today (Wednesday) to continue the trial at 12:00pm,” the Court said.
The accused persons who are in custody will be brought to the Court on November 7 as the case would be mentioned.
Source: Ghana/Starrfm.com.gh/103.5FM/Murtala Inusah
