Mr Augustine Obuor also held that the District court should also compel the state to furnish him with Aseidu’s bone testing report in their custody.
According to Mr Obuor, Aseidu was currently being kept at the Kotobabi Police Cells which was meant for adults and that should not be.
Defence counsel made those points when Asiedu and his accomplice Vincent Bosso appeared before the District Court on Wednesday.
Asiedu aka Sexy Dondon and Vincent Bosso are being held for murder of the late MP in an incident which occurred on February 9 this year, at his Shaishie residence.
Bosso has been charged with abetment of crime to wit murder and both pleas had not been taken.
Defence counsel said if they were furnished with the report then it would afford Aseidu the opportunity to prepare adequately for his defence, noting that ‘defence does not come with age’.
Mr Obuor, however said if Asiedu was found to be a minor, then there would be no reason for them to appear before the court.
Mr Obuor argued that Asiedu, was a young offender and as a matter of fact 18 years old when he was arrested and the Police went ahead to conduct a bone test on him (Aseidu) to ascertain his age.
Mr Obour said the bone test was conducted on Aseidu as such the report must not be kept away from him.
Counsel alleged that the report could be forged or manufactured by the Police.
Superintendent of Police Mr Francis Baah acknowledged that it was only the court that could compel prosecution to furnish them with bone testing report.
He denied that they had forged the report.
According to Mr Baah in trial by indictment, they were guided by time to make certain disclosures, adding, those disclosures were spelt out by the law.
‘We would furnish defence with relevant documents as the court directs and as the law states.’
Supt. Baah said the accused person gave his age as 19 when he was arrested hence he was an adult.
According to him the Police had conducted a lot of checks aside the bone testing, adding the bone testing report indicated that Asiedu was 19 years and above.
The District Court presided over by Mr. Stephen Owusu after hearing the arguments adjourned the matter to November 29 for ruling.
The facts as presented by Mr Baah were that on February 8, at about 2340 hours the deceased came home in his private vehicle driven by his driver Samuel Berko Sarkodie.
Prosecution said the driver having brought his master home handed over the ignition keys to him and left for his residence at Kasoa, while the deceased then retired to his bedroom upstairs.
He said at about 0100 hrs, Asiedu and Bosso, both armed, went to the house of the deceased, Asiedu after entering the house picked up a ladder and climbed to the porch of the top floor and entered the bedroom of the deceased through the window while the deceased was asleep.
‘Asiedu began to search the room and the noise woke up the deceased who held him. Asiedu resisted and stabbed the deceased on the right chest above the breast’.
The prosecution said the deceased held the knife and Asiedu pulled the knife through the deceased hands creating a deep cut in his palm.
Prosecution said the deceased who was bleeding profusely fell by his bed helpless and Asiedu stabbed him several times on the right chest and neck.
Realizing that the deceased was almost dead, Asiedu left him and took away his three iphones.
The prosecutor said the struggle that ensued between the deceased drew the attention of the security man who alerted other security men within the vicinity.
Mr Baah said Bosso realising danger took to his heels leaving Asiedu behind.
Asiedu, however, managed to descend from deceased room to the back house, climbed one of the poly tanks in the house and jumped over the electric fence into the adjoining house and escaped.
He said the security man then called the police emergency line and informed them of the situation.
When the Police arrived the victim was already dead and his body was conveyed to the Police Hospital mortuary.
On February 15, an autopsy was performed on the deceased body by a Pathologist from the Korle Bu Teaching Hospital who gave the cause of death as ” Exsanguination and multiple stab injuries on anterior and chest.’
Prosecution said Police investigations led to the arrest of accused persons who stated that their aim of going to the deceased house was to steal.
The Prosecutor said Asiedu explained that the deceased struggled with him when he entered the room and this compelled him to use the knife on him.