The suspects
A juror in the trial of two teenagers accused of murdering an 11-year-old boy at Kasos in 2021, narrowly escaped paying a fine of GH₵1,200 imposed by the court for failing to show up.
This followed a decision of the other six jurors to forfeit their sitting and transportation allowances for the day.
The court presided over by Justice Lydia Osei Marfo, a Justice of the Court of Appeal sitting as an additional High Court Judge, had scheduled the case for judgement yesterday but had to adjourn the case due to the absence of the juror.
When she inquired from the Foreman about the absence of the juror, the court heard that he had been out of the jurisdiction since the legal vacation and had not returned.
The judge was clearly not impressed by the response and further pointed out that the impression had been created at the last siting that all the jurors would be available for the case yesterday.
The Foreman replied that it was understood to be so but when he sent a reminder to all the jurors yesterday, the response he got from the absent juror was that he would not be able to make it to court.
Justice Marfo, still not impressed with the response indicated that she could not allow government to pay the jurors and he would decide not show up.
She then went ahead to impose a fine of GH₵1,200 on the juror for not showing up for the trial without any reason.
But Sameul Atuah, counsel for one of the accused intervened and pleaded with the court to rescind the decision because should the juror not be able to pay the fine, it will further prevent him coming to court which will affect the trial.
Justice Marfo, however, indicated that she was working according to law and the juror would have no right not to come to court because he had been fined for his failure to appear in court, adding that “the court would have issued bench warrant for his arrest.”
She said the only way that the court was prepared to wave the fine was to make an order for the rest of the six jurors who were in court yesterday to forfeit their sitting allowance and T&T.
The Foreman then indicated that that they were willing to forfeit the allowances and the court ordered that their allowances for the day be waived in solidarity of their colleague.
The case was adjourned to October 24, 2024 for the lawyers to address the juror, the court sums up the trial after which the jurors will retire to deliberate and return with a verdict.
BY Gibril Abdul Razak