Lawyer challenges psychiatric report on JB's 'killer'

Counsel for Daniel Asiedu, the suspected killer of Mr J.B. Danquah-Adu, a legislator, in 2015, is challenging a psychiatrist report that his client is mentally sound to stand trial.

Lawyer Augustines Obour believes the psychiatrist, Dr Sammy Ohene did not conduct a proper psychiatric examination on his client before reaching a conclusion that he was mentally sound to stand trial.

At Monday’s sitting at the Accra High Court, Mr Obour cross-examined Dr Ohene and asked him to make available documents on how he arrived at his findings that his client was mentally sound.

Counsel’s request was approved by the presiding judge, Justice George Buadi.

Below are excerpts of the cross- examination.

Mr Obour : What was the basis for the psychiatric report ?

Doctor Ohene : The basis was on a psychiatric evaluation of the client

Obour : Can we have your basis and assessment report filed in court?

Other documents

Other documents requested by counsel included the birth certificate, baptismal certificate, passport and medical certificate of Dr Ohene.

Mr Obour questioned whether Dr Ohene’s first name was Sammy and insisted that the name was rather Samuel.

Dr Ohene explained that his birth name was Samuel Ohene, but he decided to change the Samuel to Sammy, and, therefore, all his official documents bear the name Sammy Ohene.

He told the court that he could produce his passport and medical certificate but he does not have his baptismal and birth certificates.

Based on what the psychiatrist said, the court ordered him to also make his medical certificate and passport available.

Hearing continues on July 30, 2019 for the cross-examination to continue.

Psychiatric examination

On June 27, 2019, Dr Ohene’s report as read by Justice Buadi showed that Asiedu was a person of sound mind.

According to the report, four different psychiatric examinations were conducted on Asiedu and all showed that he was mentally sound.

The report further indicated that the father of Asiedu was queried and he indicated 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 by Mr Obour who had argued that he believed his client was not mentally sound.

At the court’s hearing on July 10, Mr Obour who was not present at the time Dr Ohene’s report was read in court, moved an application for the medical doctor to be recalled in order to be sworn before tendering his report.

According to counsel, per Section 61 of the Evidence Act, 1973 (NRCD, 323), before the report could be admitted as an exhibit, the medical doctor must tender it as a witness sworn under oath.

Justice Buadi agreed with Mr Obour, ordered for Dr Ohene to reappear before the court to tender the report under oath and also to be cross-examined by the lawyers.

Bail refused

In a related development, the court has refused to grant bail to Asiedu and the other accused person, Vincent Bosso.

Mr Obour had prayed the court to grant his client bail to enable him to have access to them in order to have conference with them to be able to properly defend them.

He argued that since their arrest three years ago, he had not been granted access to them.

In response, the prosecutor, Ms Sefakor Batse, a Senior State Attorney, opposed the bail application and said counsel should had substantiated his claims that he had been denied access to his client by moving a formal application, instead of an oral application.

Justice Buadi agreed with the prosecutor and held that Mr Obour failed to tell the court whether he wrote to the police or the prison service and he was denied access to his client.

“I cannot verify most of the claims of counsel because of the oral nature of the application. I shall refuse the application on this basis,” Justice Buadi held.

Death

Mr Danquah-Adu was the Member of Parliament for Abuakwa-North in the Eastern Region when he was murdered at his residence at Shiashie near Accra on February 9, 2016.

Asiedu and Bosso have pleaded not guilty to conspiracy to commit robbery, while Asiedu has pleaded not guilty to murder and robbery.

Writer’s email: emma.hawkson@graphic.com.gh