The Kaneshie District Court has turned down an invitation from counsel of Eric Kojo Duah that his client should undergo psychiatric examination.
The Court presided over by Mrs Eleanor Kakra Barnes-Botchway held that Defence Counsel, Mr George Eshun has not demonstrated that Duah aka Sakora was mentally challenged.
According to the court, it found Duah sane.
In the case of Michael Osofo Anim, the Court held that it was too early for Counsel to say that he was not involved in the matter, hence ought not to have appear before the Court.
Duah and Anim are being held for the murder of the two Policemen namely Sergeant Michael Dzamesi and Lance Corporal Mohammed Awal who were gruesomely killed on August 28, this year at Kasoa.
While Duah is being held on two counts of murder. Anim is being held for abetment of crime to wit murder. Their pleas have been preserved.
This was after the state had substituted the charge sheet with a new one. The Court therefore discharged Duah, Anim and Theophilus Acheampong. On the new charge Acheampong one of the suspect had been excluded.
The ruling had emerged after Mr Eshun had prayed the Court to make orders to enable his client, Duah, to undergo psychiatric examination because following the death of Duah’s mother, it had affected him.
Defence Counsel contended that he had known Duah since childhood and he had been humble and obedient and it was not real that he could have killed the two cops namely Sergeant Michael Dzamesi and Lance Corporal Mohammed Awal.
Assistant Superintendent of Police (ASP) Sylvester Asare who represented the State said he had been taken aback by the submissions made by the Defence Counsel.
“I am surprised that Defence Counsel is calling for psychiatric examination,” ASP Asare said.
He quizzed Defence Counsel’s assertion that his client needed to undergo psychiatric examination, saying “If you have not had conference with him why do you say he needed the examination”.
ASP Asare therefore opposed the assertion of conducting a psychiatric examination and entreated counsel to have proper conference with Duah.
In the case of Anim, prosecution said it was premature for Defence Counsel to assert that no prima facie case had been made against Anim.
He explained that investigations was “a process,” adding that, the fact that the accused persons have appeared in court did not mean that investigations had been concluded.
ASP Asare said the state had not unduly delayed the matter and they have also not breached the 48 hour rule of putting accused persons before court.
He said very soon, the state would commence with the committal proceedings and the preparation of the Bill of Indictment.
The Court has however remanded Duah and Anim into custody of the Bureau of National Investigations (BNI) to reappear on November 12.
It further ordered the BNI to give them free access to their lawyers and family relations, saying, refusal of the BNI to give them access from 0900 to 4:00pm would mean reversing the order.
“If you don’t comply with the order or cause any delays, I will send them to Police custody immediately,” the court declared.
The two Policemen who were killed, were among a team of officers of the MTTD. While on task force duties on the Kasoa Buduburam– Aprah Road on August 28 this year, the two officers stopped an unregistered Toyota Camry occupied by Duah and Anim but they declined.
Sergeant Dzamesi and Lance Corporal Awal managed to intercept the unregistered vehicle and Dzamesi asked Duah to come out of the vehicle.
A struggle ensued between Dzamesi and Duah. Duah went to his car and pulled out a gun and shot Awal in the left rib and shoulder.
Dzamesi decided to run for his life hence sought refuge in a grocery shop. Duah followed up to the shop and shot Dzamesi three times. Anim who was driving the vehicle sped off with Duah.