Nicholas Kani, the second accused person for the murder of 10-year-old Ishmael Mensah Abdullah has said he was nowhere near the crime scene where the murder happened.
Kani, has raised a defence of Alibi and said he has witnesses to support his defence of Alibi.
An Alibi is a defence 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 for the murder of Ishmael Mensah.
In court on Wednesday, February 2, 2022, the court presided over by Her Ladyship Justice Lydia Osei Marfo indicated that Kani has raised a defence of Alibi and the same was contained in the Bill of Indictment.
He has therefore been ordered by the court to file his notice of Alibi for the prosecution to investigate it within 21 days from today.
The accused persons, according to EIB Network’s Court Correspondent Murtala Inusah, were represented by lawyer Samuel Atuah after they appeared previously without counsel.
Justice Osei Marfo, said “The court has received the bill of Indictment in this case and from the records, the second accused person (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.”
In addition to that, the court said “the prosecution is also ordered to serve the defence with their disclosures which include the charge sheet, the facts, witness statements and statements accused persons have given at the police station.”
The court also said the prosecution should also serve them with “anything of evidential value which they may or may not rely on at the trial” should also be given to the accused persons.
The court said, “This is to afford the accused persons the opportunity and sufficient time and facilities for their defence.”
Justice Marfo said, these disclosures documents should be done on or before the next adjourned date.
The case has been adjourned to February 22, 2022.