An Accra high court hearing the murder trial of Member of Parliament (JB) for Abuakwa North Constituency in the Eastern Region, Joseph Boakye Danquah Adu has demised an application by the accused persons for the jurors to visit the crime scene.

The refusal of the application per the court presided over by Justice Mrs Lydia Osei Marfo reasons were that the application could not demonstrate any material issue that could only be realised after the inspection of the crime scene by the jury.

 She stated that Article 19(2)(c) of the constitution makes it clear that the accused persons are presumed innocent of the offences levelled against them until proven guilty by the prosecution.

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The court adds that “even the Evidence Act mandates the prosecution to establish the guilt of the accused persons beyond reasonable doubts. The accused persons have no onus to establish innocence whatsoever.”

According to her the case can be resolved without the judges of fact (jury) visiting the crime scene.

Meanwhile, Yaw Danquah counsel for the accused persons Daniel Asiedu aka Sexy Don-don and Vincent Bosso who had been in police custody for almost six years told the court yesterday that it is prudent if the judges of fact had visited the crime scene.

“We want to stress that is crucially important in the interest of justice and sacrosanct for the jury to see the crime, which is the basis for the trial,” he suggested.

He went on to urge that even though considering the time the purported crime took place and the time of the trial, the witnesses were relying on the lapse of time to give vivid account of what they think happened through photographs and videos taken from angles, which does not give holistic view of the scene.

 Mr Danquah further argued that the crime scene is a material issue in the trial, therefore, it was important the jury visited it.

In response to the prosecution’s affidavit in opposition, he said justice must be afforded to Daniel Asiedu because of the charges levelled against when found guilty, he could be given a death sentence or in extreme life imprisonment, which means he will spend his entire life in incarceration.

“For this reason, he should be afforded this visit to help all parties involved to establish their case,” he stressed.

To him, the prosecution saying that the witnesses had been dealing with straight forward matters was neither here or there.

The Chief State Attorney Mrs Sefakor Abubatse on her part argued that a decision to move to the crime scene or locus could only be taken by the court upon satisfaction that the visit will resolve in material of issue, which cannot be resolved otherwise that by such inspection.

She said it is not automatic that the judges of fact have to necessarily visit every crime scene, therefore “it is our submission that so far the submission made by the applicants do not disclose any compelling reason to satisfy this court to move to the locus considering the charges levelled against the applicants, that isconspiracy to robbery and murder.

Various evidence in respect of these charges, which are the material issues we are referring to and these ingredients or material issues can be resolved based on the evidence adduced in this court room without visiting the locus. So far evidence adduced in this court room has not resulted in any conflict which can only be resolved by a visit.”

Mr Akubatse further argued that so far evidence adduced by the prosecution witnesses had been straight forward and they had responded to questions under cross examination in such a manner that no ambiguity has arisen that the jury must visit the locus.

“We have disclose to this honourable court evidence we are yet to tender. A reconstruction at the crime scene, which is the same scene, which counsel for the applicants is advocating for.

 It, therefore, our prayer that this application be dismissed as there’s other evidence to be presented by prosecution, which will accomplish the same end that a visit to the locus,” she said.

 The court after refusing the application, adjourned next sitting to today.      

By Akutu Dede Adimer