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The Accra District Court Monday shot down an application by counsel for Daniel Asiedu, the man charged with the murder of Mr J.B. Danquah-Adu, the Member of Parliament (MP) for Abuakwa North, for the accused to be sent to a psychiatric facility for examination.

The court, presided over by Mr Stephen Owusu, also refused a request for the accused to be removed from the custody of the Bureau of National Investigations (BNI) into police custody.
This is the second time the court has rejected such an application by Asiedu’s lawyer, Mr Augustine Obour, since the beginning of the committal proceedings.

Mr Obour made a similar appeal during the court’s last sitting on March 3, 2016.

Making a case for the appeal, Mr Obour told the court that psychiatric examination of Asiedu would help him (counsel) put up a proper defence.

“As part of our defence, we will be grateful if the accused is subjected to psychiatric evaluation. Although I strongly believe that he needs psychiatric treatment, the best way for the court to determine that is to refer him for psychiatric examination,’’ he said.

Transfer

With regard to his appeal for the accused to be transferred from the BNI into police custody, Mr Obour said his “client’s rights are not being respected in BNI custody”.

“He is adequately represented by counsel, but whenever the BNI wants to interrogate him, he is not told about his right to counsel,” he added.

Response

Responding to the submissions by counsel, the prosecutor, Superintendent of Police Mr Francis Baah, described them as “not representing the true picture’’.

According to him, the accused was never maltreated in the BNI custody, adding that what the “BNI and the investigators do is to protect the accused’s safety and make sure that he is ready to face the full course of justice”.

“The investigators are professionals who will never compromise on standards,” he added.

He, therefore, prayed the court to allow the accused to remain in BNI custody for his own safety and also help in investigations.

Ruling

Giving a ruling, Mr Owusu said defence counsel had failed to prove to the court beyond reasonable doubt that the accused was not of sound mind.

“I am still struggling to see Asiedu as somebody who is not of sound mind,” he said.

The case was adjourned to April 5, 2016.