Jury Unable To Reach A Verdict In Trial of Daasebre

The 3-day sensational trial of the renowned Ghanaian musician, Dasebre Gyamenah which commenced on Monday 20th November left the defendant in suspense with the jury unable to reach a verdict.

Dasebre had one character witness testifying on his behalf, whilst the prosecution called Mr Donkor of Kumasi Market and a customs officer.

On Wednesday afternoon at Court no.7 at the Isleworth Crown Court near Heathrow Airport, London, The courtroom was packed with over 20 sympathisers including observers, journalists, a pastor, friends and fans of Ghanaian and British origin lending their support. After all, they said, “He is our very own celebrity”.

Some compared the case to the Michael Jackson trial whilst others speculated on similar cases. One devoted fan stated that he had not slept properly for 3 days and most were praying for a miracle and a fair trial.

It was indeed a tense courtroom when the 12 members of the jury composed of 6 Caucasian women in addition to 6 Caucasian men mostly dressed in casual clothing, after deliberating for several hours returned full of indecision.

Dasebre was provided with a Ga interpreter. He sported a smart brown jacket and appeared subdued.

His Honour Judge MacGregor-Johnson directed them to reach a majority verdict of 10 to 2 after they were unable to reach a unanimous decision. It appeared that the prosecution's case had not been proved without reasonable doubt.

The question was whether he knowingly imported an illegal substance to the UK. The jury wanted several issues clarified including whether they could see the actual bag that contained the alleged substance. However, they were told that they could not be granted that request. As it would be inappropriate for them to conduct any experiments of their own in the jury room. They had to rely on the photographs of the bag.

After 2:00pm, the foreman of the jury stated that they had been unable to reach a majority verdict. When the presiding judge asked whether they required more time, he stated that it would not make any difference. They had simply been unable to agree on the defendant's guilt or innocence.

One of the key elements in the defendant's favour pertained to the forensic evidence. The fingerprints on the suitcase did not match that of the defendant. Some of the fans pondered over the evidence and debated in the canteen.

They hoped that the lack of forensic evidence linking Dasebre to the bag containing the substance would lead to an acquittal.

Perhaps what was missing was a dynamic and persuasive “dream team, a Johnny Cochrane style of defence when he categorically stated “if the glove does not fit, you must acquit”.

There were tears of frustration and sighs of relief when the judge discharged the jury and declared a mis-trial. The defendant was ushered down to the cells beneath the courtroom.

The matter has now been re-listed for a fresh trial with a new jury on 12 March 2007.

Meanwhile the defendant remains incarcerated in jail and it is likely that he will be spending Christmas in jail as he refused an application for bail. If there is another mis-trial, the case will be dismissed and he will be a free man.

Watch this space.

Source: Georgette Djaba