The prospective jurors who are expected to be empanelled to try the case of the two Kasoa boys standing trial for the alleged ritual murder of a 10-year old Ishmael Mensah Abdullah are receiving training at the Judicial Service Training Institute.
The Criminal Division of the Accra High Court presided over by Justice Lydia Osei Marfo set the criteria for potential jurors to be invited by the Registrar for empanelling today.
Per the criteria, the court said, anybody above 55 years should not be part of the pool of prospective jurors.
In court on Tuesday, April 5, when the case was called for jury empanelling, the court said, the Registrar had informed her that the few people the Judicial Service had invited to be empanelled as the jury are being trained by the Judicial Service Training Institute.
The Registrar the court said, had therefore asked for a few more days and in view of that and considering the Easter Holidays, the Court had adjourned the Matter to May 11, 2022 for the jury to be empanelled.
Nicholas Kani, 18, and a-15-year old juvenile have been charged with murder and have appeared before the High Court for trial.
On March 15, 2022, the prosecution said the 2nd accused person Nicholas Kani, has filed a notice of Alibi and the investigator has taken it up for investigation.
She also told the court that, they filed their disclosures on March 11 but counsel for the accused Samuel Atuah said he was yet to be served.
The court has directed the prosecution to serve the defence lawyers before the next adjourned date.
Jury criteria
The court said, save for the outcome of the investigations of Alibi, the case is ripe for Case Management Conference (CMC) at the next adjourned date.
For this reason, the court ordered the Registrar of the court to bring men and women who could be selected as jurors for the trial with the following criteria.
a). Any jurors that is currently engaging in more than two cases should not be part of the pool.
b). Anybody above the age of 55 years should not be part of the pool
c). Anybody with health conditions that required the person to constantly ask permission to attend hospital should not part of the pool.
d). Registrar should ensure that, there are no professional jurors. (Those who have appeared in several jury trials).
The court said the essence of it is that the court must have a different and fresh set of people to be selected as jurors for the trial of Indictment cases expeditiously to have the desired outcome.
e). By the next adjourned date, the Registrar should assemble qualified men and women for the trial of the case.
f). The Registrar should ensure the court has not less than 25 prospective jurors in court.
Notice of Alibi
Nicholas Kani, the second accused person held for the murder of 10-year-old Ishmael Mensah Abdullah has said he was nowhere near the crime scene where the murder incident happened.
Kani, has raised a defence of Alibi and said he has witnesses to support his defence of Alibi.
An Alibi is a defense to a criminal charge alleging that the accused person was somewhere other than at the scene of the crime at the time it occurred.
Kani and a 15-year-old juvenile (name withheld) have been charged with the murder of Ishmael Mensah.