The jurors involved in the case in which two teenagers are standing trial for the death of 10-year-old Ishmael Mensah Abdalla, in connection with alleged money rituals, have waived their sitting allowance and transportation fees in solidarity with an absentee colleague from court duties on Monday, October 21.
The decision to waive these allowances was made to show solidarity with one of their colleagues, who was initially fined 100 penalty units, equivalent to GH¢1,200, for holding the “court and everyone” to ransom.
His absence from court means that the jury is not properly constituted, and, more importantly, the business of the day, which was to sum up and deliver a verdict, could not take place.
Justice Lydia Osei Marfo, a Justice of the Court of Appeal, who is sitting as an additional High Court judge, had last Tuesday, October 15, deferred the summing up of the trial to Monday, October 21.
This decision was made because the court, in agreeing on the date with the jurors that day, was under the impression that the absentee juror would be available.
However, when the case was called on Monday, October 21, 2024, it was adjourned.
This marks the fifth time the judgment has been deferred—three times during the previous legal year when the jurors were on strike, and Monday being the second time in the 2024/25 legal year due to the jury not being properly constituted.
The court imposed a fine of GH¢1,200 on the absentee juror, but this was later revised after those present decided to waive their sitting allowance in solidarity with their colleague.
The foreman of the jury, when asked about the whereabouts of their other colleague, said that their colleague was out of the jurisdiction.
Below is what transpired in Court
By Court: The closing addresses and summing up.
Judge: Foreman, why are you not fully constituted?
Foreman: Respectfully my lady, one of us has been out of jurisdiction since the vacation and has not made it to Accra as of today (Monday, October 21, 2024), and thus explained the reason why. So, he asked for a pardon to be in court on Thursday (October 24).
Judge: But the last time (October 15) when we were picking dates, the impression was that he (absentee juror) will be in court today (October 21). Is that not so?
Foreman: My lady, it is understood to be so. However, when I sent a reminder this morning (October 21, 2024), to all of them, he then told me he could not make it to Accra.
Judge: He (absentee juror) has succeeded in holding everybody in ransom. What is the name of this juror?
Foreman: He is H.D.A (name in full withheld)
By Court: It is very unfortunate that (juror) failed to attend Court today (October 21). Counsel in this matter (both Prosecution and Defence) have all filed their closing address and the Court is also ready for its summing up to be delivered this afternoon per our agreement per the last adjourned date (on October 15).
Since (the juror) has failed to appear for the trial/summing up to continue today, I hereby fine him to pay 100 penalty units by the next adjourned date.
The summing up will come on, Thursday, 24 October, 2024 at 9:00 am.
Waiver of fine
Samuel Atuah, Counsel for the 1st accused person made a humble prayer for the fine to be waived.
“My lady, I wish to make a humble prayer before this court. My prayer is that I pray that this honourable court waives the fine against …one of the jurors who have absented himself from court without any excuse.
“My lady, I say so because in the event that (juror) is unable to pay the fine imposed on him by this honorable court, same might prevent him from attending court which will still affect the trial on Thursday. I pray accordingly.”
By Court: I am working according to the law. (The juror) would have no right not to come to court because he has been fined to pay some penalty units for his failure to appear in court. The court would have issued a bench warrant for his arrest.
However, the only way that the court is prepared to waive the fine is to make an order for the rest of the jurors who are here today to forfeit their sitting allowance/transportation.
Foreman: We are prepared to forego our allowance/transportation.
By Court: So, therefore, the transportation for the rest of the jurors herein present is hereby waived per their own solidarity for their colleague.
Case is adjourned to the 24th of October, 2024 at 9:30 am for the summing up.
Background
On Wednesday, February 14, 2024, which is wildly celebrated as Valentine’s Day, the second accused (18-year-old) young offender ended his defense.
This was after his lawyers had indicated not calling any witness moments after State Prosecutors led by Nana Adoma Osei, a Senior State Attorney signaled the end of her cross-examination.
EIB Network Legal Affairs Correspondent, Murtala Inusah reported that the Prosecution called seven witnesses which include, the father, mother, and sister of the 15-year-old juvenile.
The two teenagers have been charged with conspiracy and murder of the 10-year-old Ishmael Mensah Abdella before the High Court in Accra presided over by Justice Lydia Osei Marfo (now a Justice of the Court of Appeal).
While the 15-year-old juvenile (1st Accused) has admitted the offense and stated that they “committed the crime together,” the young offender (2nd Accused) has denied the charges.
