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General News of Friday, 18 July 2003

Source: GNA

Court to rule on submission of no case on July 30

Accra, July 17, GNA - An Accra High Court trying six Police Officers in the May 9 Stadium Disaster case would on Wednesday July 30 rule on the submission of no case made by the Defence Team.

The Defence Team of Mr Yonni Kulendi, Mr Owusu Fordjour, Mr Atta Akyea and Mr Willam Ofori Boafo in their submissions earlier had told the court presided over by Mr Justice Yaw Appau that their clients "had no case to answer".

They also contended that the charged levelled against their clients had no basis and prayed the court to discharge them.

The officers on trial are John Asare Naami, Faakyi Kumi, Francis Ayittey Aryee, Frank Awu, Benjamin B. Bakomora, all Assistant Superintendents of Police and Chief Superintendent of Police Mintah. The accused persons, who had earlier denied the charges, are on a 20 million-cedi bail with two sureties each.

Mr Justice Appau commended both the Defence team and the Prosecution Team led by Mr Anthony Gyambiby, Principal State Attorney for their commitment and dedication during the trial and adjourned till July 30.

Mr Gyambiby said he had given rich evidence in his prosecution adding, "our case was not poor and anaemic and that we have been able to establish our case".

He said the Prosecution had been able to prove the essential ingredients in the case.

He listed those ingredients as being able to prove that 127 persons died at the stadium; that they died as a result of harm; that the harm was unlawful and that the cause was as a result of negligence and reckless disregard for human lives.

The Prosecution said Police deals with human life and in so doing they must act reasonably without endangering life.

Mr Gyambiby explained that the accused were not charged with conspiracy but manslaughter because there was an ample evidence to support it. He said the destruction of the plastic chairs and throwing of the chairs could not have harmed anybody and so this did not warrant the firing of tear gas.

The Prosecution said the Police could have used their batons to control the crowd.

Mr Gyambiby noted that the significance of the chain of events that day, was the orders and commands made by the accused persons. He said, even though, the gates to stadium were locked on May 9 and the floodlights were off, had there not been the firing of the tear gas, the incident would not have occurred.