Trial judge in a ruling threw out the entire motion, stressing that the court had not seen any compelling reason to recall the said witness.
An Accra circuit court has thrown out the motion filed by lawyers for popular reggae musician Lester Ekow Micah seeking to recall Detective Corporal Richard Ayayi, a witness in the narcotics-related trial of the accused.
The court presided over by Aboagye Tandoh also booted out the call by Andrew Kudzo Vortia, lawyer for Ekow, to order for a mini trial and to expunge the investigation caution statement obtained from the accused.
The lawyer had in the 13-paragraph affidavit in support of the motion alleged that the police coerced Ekow into admitting ownership of the alleged narcotic substance found at his residence.
“…the statement written by the accused was dictated to the accused by the investigator on a promise that the case would be settled amicably, a clear indication of coercion,” it claimed.
It stated among other things that the purported statement of the accused was taken in the absence of an independent witness, a situation which contravened the evidence rule.
The affidavit said if the said document was allowed to stay and admitted into evidence, a gross injustice would have been meted out to the accused.
Mr Vortia noted that “in the interest of justice Exhibit C should be rejected as marked as such.”
But the trial judge in a ruling threw out the entire motion, stressing that the court had not seen any compelling reason to recall the said witness.
The court held that it was too early for Mr Vortia to have moved the motion. The reggae musician has denied the charge of possessing narcotic drugs without lawful authority and has since been on remand at the Airport Police Station.
Mr Tandoh is expected to take a decision after Mr Vortia had moved the motion. Sitting continues on November 5, 2015.
The Rastafarian was on August 4 arrested by the Airport Police over an alleged extortion case currently in another circuit court.
The prosecution alleged that on the following day, at about 11:30 am, 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 bag.
Credit: Daily Guide