One of the two persons standing trial for the alleged murder of 10-year-old Ismail Mensah, in Kasoa, Central Region, in 2020, has told the Accra High Court that he was nowhere near the crime scene.
Nicholas Kani, 15, made this plea in the Bill of Indictment presented to the High Court.
The Bill of Indictment is the advice of the Attorney General in murder cases recommending full trial of the accused or otherwise at the high court.
The committal proceedings of the accused were conducted at the Kaneshie District Magistrate Court before they were committed to stand trial at the high court.
Consequently, the court presided over by Justice Lydia Osei Marfo had ordered the accused to file his notice of Alibi, a defence to a criminal charge, alleging that the accused was somewhere other than at the scene of the crime at the time it occurred.
The judge said prosecution would in turn investigate the plea of innocence within 21 days.
Justice Marfo said “The court has received the bill of indictment in this case and from the records, the second accused (Nicholas Kani) has raised a defence of an Alibi.
For this reason, and in view of Section 131 subsection 3, the court said, “although the second accused person, has not given notice and particulars of the said alibi, I hereby order him and his counsel to file his notice of alibi after which the prosecution is to investigate this alibi.”
Justice Marfo ordered the prosecution to serve accused with disclosures, documents the state intended to rely on to make a case against the accused before February 22, the adjourned date.
The court said, “This is to afford the accused persons the opportunity and sufficient time and facilities for their defence.”The accused were represented by Mr Samuel Atuah.
BY MALIK SULLEMANA
