Court denies mental examination request by cops' 'killer'
The Kaneshie District Court has rejected a request by counsel for Eric Kojo Duah, the suspect alleged to have killed two policemen at Kasoa on August 28, 2019, for his client to undergo psychiatric examination.
Lawyer George Eshun had prayed the court for the psychiatric examination on the basis that it was unusual for people to brandish guns and go about killing cops as had been alleged against his client.
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Although counsel admitted that he was yet to interact with his client since he was arrested, he told the court that he had known the accused since his childhood and could attest to the fact that he was a respectful person who would not engage in any unlawful act.
“Based on what the prosecution is accusing him of doing, I think he should be examined regarding his mental state,” he said.
“Accused sane”
In his response, the Prosecutor, Assistant Superintendent of Police (ASP) Sylvester Asare, urged the court not to grant counsel’s request since the accused had not exhibited any sign of mental instability throughout his numerous appearances before the court.
He further wondered how Mr Eshun could call for a psychiatric examination on the accused person when he [Eshun] had informed the court that he was yet to have a conference with his client.
The Presiding Magistrate, Ms Eleanor Botwe, upheld the argument by the prosecutor and rejected the defence counsel’s application for a psychiatric examination.
“It is my considered opinion that the accused is very sane and there will be no need for a psychiatric examination,” the magistrate ruled.
Hearing continues on November 12, 2019.
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New charge sheet
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In a related development, the court has discharged Theophilus Acheampong, one of the accused persons, following the decision by the prosecution to withdraw the charge sheet and file a new one.
The prosecution has in the new charge accused Duah with two counts of murder. The second accused person, Michael Osafo Anim, has also been slapped with two counts of abetment to commit murder.
Murder
On August 28, 2019, Duah allegedly shot Sgt Dzamesi and L/Corporal Awal, both attached to the Motor Traffic and Transport Department (MTTD) of the Ghana Police Service at Budumburam near Kasoa, who were on task force duties on the Kasoa-Winneba highway.
Duah, who was said to be using an unregistered Toyota Camry vehicle and said to be driving recklessly, allegedly shot the unarmed policemen after refusing to stop when the security officers signalled him to do so.
He was alleged to have escaped after the heinous crime.
According to the prosecution, Anim was with Duah at all material times when the alleged incident happened.
A pistol which allegedly belonged to Duah was found in the abandoned Toyota Camry and the police administration declared a manhunt aimed at getting the suspected killer(s) arrested.
Duah was arrested on August 31, 2019 at Senchi in the Eastern Region.