Dasebre Gyamenah case - Hung Jury
Georgette Djaba, lawyer and correspondent, UK

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

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

Dasebre was brought to court sporting a smart brown jacket and appeared subdued. He was provided with a Ga interpreter.

He had one character witness testifying on his behalf, whilst the prosecution had two; a Mr Donkor of Kumasi Market and a customs officer from the UK.

Court No.7 at the Isleworth Crown Court, near Heathrow Airport, London, where the trial took place, was packed with over 20 sympathisers; including observers, journalists, a pastor, and friends and fans of Dasabre who openly showed their support.

 "After all"  said the Ghanaian and British fans, "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 appeared that the prosecution’s case had not been proved without reasonable doubt when His Honour Judge MacGregor-Johnson directed the jury to reach a majority verdict of 10 to 2 after they were unable to reach a unanimous decision.

The case in consideration was whether Dasebre 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 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 defence; a dream team, a Johnny Cochrane style of argument  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 will remain incarcerated in jail and it is likely that he will be spending Christmas there 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.

Georgette Djaba is based in the UK.

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