Counsel for the second accused person (A2), Bernard Asamoah, in the trial of the alleged murder of Major Maxwell Mahama has told the Criminal Division of Accra High Court that a grave disservice has been rendered to his client by a probation officer.
The counsel, Mr Bernard Shaw, indicated to the court, presided over by Justice Mariama Owusu yesterday that, A2 statement was taken at the presence of probation officer, Vida Twumesi Danquah, instead of also having a Counsel or parent there.
He argued that at the time the accused person was interviewed, he was a minor and that exercise was required by law to be conducted in the presence of his Counsel, parent(s) or guardian.
Mr Shaw further added that the accused person was coerced to identify himself and others in a video played during his interview by the police investigation team.
This, he quizzed Vida, who is a second private witness in the case, whether she knows or appreciates the importance of having a Counsel, parent or guardian before the interview, and she answered in the affirmative.
He then pointed out to the witness that her presence cannot be a substitute for A2’s Counsel, parents or relative.
Vida on the hand indicated to the court that the accused person’s statement was taken in a rather calm atmosphere and his statement was translated to him in Twi language, before he thumb printed it.
She clarified that the accused person okayed the statement after accepting that it was exactly what he gave to the police.
Vida, who had worked as Probation Officer for twelve years and seven months, denied that the accused person was interviewed and also coerced to identify himself, as well as others, in the said video.
The independent witness in the mini trial stated that, although she never asked the accused person whether he needed a lawyer before the statement, it was mentioned to him that he has the right to request for a lawyer.
She went on to explain that, the then juvenile was not asked to identify himself in the video, but rather asked to identify his activity in the video.
Vida stated that she was not also informed by the police of the reason her service was sought in handling the juvenile case.
However, the lawyer put it to Vida that she has not been truthful to the court and asked whether she understands what the word perjury means.
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