Court rejects McBrown’s request to have witness summons set aside

The Circuit Court in Accra presided over by Her Honour Evelyn Asamoah has rejected prayers by the lawyer for Nana Ama Mcbrown to have the Court witness summons set aside.

McBrown, a subject matter of court witness summons in the case in which Lawrence Nana Asiamah Hanson aka Bulldog is standing trial, willingly appeared without the summons served on her.

In Court on Friday, her lawyer Dennis Agyei Dwomoh prayed the court to rescind the order of the court because the witness appeared in court willingly.

When the matter was called, counsel for the court summon witness told the court that they found in the news that the court had issued a witness summons on his client based on an application made by the prosecution.

According to him, the news came as a surprise to them.

He said although they have not been served with the witness summons, they deemed it fit and obligatory to appear and assist the court in this matter and to “further dispel any jaundiced opinion that any person may have that we are avoiding justice.”

According to counsel, it was relevant to correct the impression given out there that the witness did not want to come to court and prayed the court to have the summons set aside.

He told the court that, “we are willing to come to court. We do not have the court summons, but we are already here.”

He said the summons was a coercive power and prayed the court to have it set aside.

But the court after listening to counsel said no reasonable account was adduced to justify why the summons should be set aside.

The application for the witness summons to be set aside was dismissed.

Controversy on witness statement

After the court had dismissed counsel’s application for the witness summons to be set aside, he also prayed for the court not to allow the prosecution to rely on her as a witness, but instead, she will come as a court witness.

He argued that the witness statement filed on behalf of Nana Ama McBrown by the prosecution was procured by deceit without explaining the full facts to her.

It was the submission of counsel that, the information provided to the police which was tendered as a witness statement was not disclosed to the witness what was going to be used for.

Counsel under the instruction of his client prayed for the witness statement to be expunged.

Objection

Prosecution led by Chief Inspector Simon Appiorsornu while objecting to the application made by the counsel said they are surprised by the stands of the witness and the submission made by her lawyer.

According to the prosecutor, it was misleading on the part of counsel to say that the witness statement was procured under deceit.

He argued that when the case was reported an initial invitation was extended to Mcbrown for her to assist the police and she reported at the CID Headquarters to volunteer the statement to the Police.

The prosecutor said it was explained to her the purpose of the statement and she willingly agreed to be a witness for the prosecution, which was why the statement was filed.

He said, the witness is a person with a sound mind, and she is also the Host of United Show Buzz that culminated into the issue and therefore she is a competent witness.

The prosecutor said McBrown expresses herself to be understood and also has personal knowledge of the matter before then court.

He argued that it does not lie in her discretion to say she is appearing as a court witness a development the prosecutor wondered which capacity she wanted to come as a court witness instead of prosecution witness when she is not an expert.

He described the development as an after-​thought and prayed the court to allow her to testify for the prosecution.

He said the application has no merit and same should be dismissed.

By court

The court after listening to the parties said the witness will have the opportunity to look at the statement, it would be read to her and she would be made to identify the signature before it is adopted by the court.

The application to have the witness statement expunged was also dismissed.

The case has been adjourned to March 31, 2021.