During his cross-examination, the Counsel wanted Mr Apraku to describe the layout of the late legislator’s house without telling lies.
But the Prosecution objected, saying the question from the defense counsel was an indirect way of bringing up an application for the jury to visit the crime scene.
Mrs Batsa held that th application had previously been determined by the court and that the question about the jury being able to make up their minds regarding the layout of the late MP’s house, was not for the witness to answer.
Mr Danquah, however, said any “reasonable person” should be able to appreciate its layout, and so he was not making an indirect application to invite the jury to the house.
“The jury is the reasonable persons. The test is about reasonableness. My lady, I see no basis in law which debars me on the cross-examination, which to a large extent, is asking legitimate questions that do not intimidate or harass a witness. What are they afraid of?”
However, the court, presided over by Justice Lydia Osei-Marfo, upheld the objection, saying the witness was not in the position to think for the jury.
Answering other questions under cross-examination, Mr Apraku identified a photograph of the house in question and it was admitted into evidence.
Mr Apraku, the second prosecution witness, said his former boss’ house had a lot of flowers and not trees as was suggested by the defense counsel.
The witness also denied that the trees in the house could hinder the viewing of where a generator and a ladder had been positioned.
He admitted that the deceased’s house shared boundaries with three different houses those situated on the left and right were occupied.
He, however, could not tell if the house behind the building had occupants. The second prosecution witness said sleeping while on night duty on the day of the incident was an involuntary act.
He denied that he had gone to work at another place before assuming his duties at the former MP’s house.
The witness said the ladder in the house was close to a generator and anyone who entered the house could easily see them (generator and the ladder).
The hearing continues Tuesday, June 1.
