Three members of the family of a 15-year-old juvenile charged together with one another for allegedly killing a 10-year-old Ishmael Mensah Abdallah will testify for the prosecution.

The Juvenile and an 18-year-old young offender have both been charged for conspiracy and murder.

They are facing a 7-seven member jury trial before the Criminal Division of the Accra High Court presided over by Justice Lydia Osei Marfo.

In court on Tuesday, March 7, 2023, when the case was called for the trial to commence, the prosecution prayed the court to defer the start of the case to March 9 due to some challenges they had with their first three witnesses.

“My lord respectfully, we were supposed to call our first witness today, (March 7, 2023,” the Prosecution led by Ama Adoma Osei noted.

“Our first three witnesses are a family (of first accused) and they have relocated from Kasoa and so our investigators are taking steps to trace the family,” she told the court.


She explained that under the circumstances “we will be calling another witness and so the order of our witnesses will change slightly.”

She recounted that “dates were given for today, (March 7), tomorrow, (March 8), and Thursday (March 9), and due to the short notice and also in order for us not to delay the court’s time, we will pray that the case is adjourned to Thursday, March 9, by which time the witness will be ready to testify.”

By court

Her Ladyship Justice Lydia Osei Marfo after listening to the prosecution said, “We were to commence the trial of this case at noon today.”

However, she said, “due to the peculiar challenges of the prosecution we are unable to do so.”


The judge said “Because they are not going to commence the trial, I have equally decided to call this case at this time in order not to waste the lawyer’s time.”

Justice Osei Marfo added that “this being so our jurors are not yet in,” and “in view of counsel’s submission, we shall waive tomorrow’s date (March 8) and call this case on March 9.

EIB Network’s Legal Affairs Correspondent, Murtala Inusah, reports that the Prosecution would be calling one Frank Mensah instead as their first witness.

The Case has been adjourned to March 9, 2023.

Not guilty

While the 15-year-old accused has confessed to their involvement in the murder from the District Court, the 18-year-old accused has, however, denied his involvement.

However, taking their pleas on charges of conspiracy and murder before the trial court, the 15-year-old accused pleaded guilty to the charge or conspiracy but pleaded not guilty to the charge of murder.


The 18-year-old accused on the other hand pleaded not guilty to both charges.


Justice Osei Marfo’s court, however, entered a plea of not guilty for the 15-year-old accused because the offence was a conspiracy to murder and as a result, had to be tried by the jury.

The charges were read to them in their preferred local languages.

Jury

The jury is made up of seven ordinaries, but educated persons, who, subject to the directions of the judge, will decide the guilt or innocence of the accused in a case tried upon indictment.

After the seven-member jury had been empanelled, they were sworn in and they chose one of their own as a leader (foreman).

They are expected to arrive at a unanimous verdict that is binding on the court.

Warning

The presiding judge while advising the jury to be present in court at all times to listen to, see and hear the witnesses that will be called by the prosecution in their quest to establish the guilt of the accused persons.

“You are not supposed to be influenced by anything you hear or see relating to this matter on social media or in society.

“You are only bound by the evidence that you hear or see in this courtroom,” the presiding judge said.

Justice Marfo also urged them to comport themselves inside and outside of the courtroom diligently.

“You must not be influenced by money or any other consideration whatsoever.”