Counsel for Ekow Micah, the ace musician who is being held over alleged cannabis found in his home is praying an Accra Circuit Court to recall the case investigator.
In a motion on notice for leave, Defence Counsel Mr Andrew Vortia is calling for a rejection of police statement on Micah and further order for a mini trial.
According to Counsel, after the case investigator Detective Corporal Richard Ayayi had given evidence tendered in court, the investigation caution statement, and charge caution statement, Mr David Merson who earlier on represented Micah, withdrew his services.
Counsel noted that after careful perusal of proceedings and information obtained since he become Micah’s counsel showed that, the judge’s rules with regard to the statement of the accused persons, which was supposed to have been read out to him and explained, was not followed by the case investigator.
In an affidavit in support of his motion, counsel contended that during cross examination by Micah’s former counsel, the case investigator admitted that Micah denied ownership of the alleged substance.
“That the statement written by the accused was dictated to the accused by the investigator on a promise that the case would be settled amicably, clear indication of coercion,” Counsel averred.
Mr Vortia said the purported statement of the accused was done without the presence of an independent witness which also “sins against the evidence rule”.
According to Counsel, if the statement of the accused person was admitted in evidence, Micah would suffer “gross injustice”.
Prosecution led by Assistant Commissioner of Police (ACP) Moses Atibillah has closed their case after calling three witnesses.
He was therefore praying the court to reject the statement of the accused.
Micah has denied the charge of possessing narcotic drugs without lawful authority, and he is currently on remand.
Narrating the facts of the case earlier, ACP Moses Atibillah said Micah is a resident of Ogbojo, near Kokrobite in Accra.
He said, on August 4, Micah was arrested by the Airport Police over an alleged extortion case currently under investigation.
ACP Atibillah said the following day, at about 1130 hours, the police and the accused person visited Micah’s house to conduct a search and in the process, a quantity of dried leaves suspected to be Indian hemp was found concealed in Micah’s “back pack”.
The prosecution said the exhibit was sent to the Police Forensic Crime Laboratory for examination.
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