According to the presiding judge, the trial went beyond the six months period as stipulated in the Juvenile Act. Additionally, the court held that there had been a miscarriage of justice because the Juvenile Court delivered a verdict without a social enquiry report.
The boy was therefore freed and discharged as the court further indicated that, the family did not err by the mode of the appeal as opposed by the state attorney, Frances Molen Ansah.
However, family of the diseased girl has expressed “disappointment” over the development.
Spokesperson for the family, Peggy Donkor, told Jonas Ofori Yeboah on Class FM’s 505 news programme that the boy was in his right state of mind when he shot and killed Lily.
“If he (the boy) was not stable in his mind how was he able to write his exam?” She questioned.
She pointed out that: “From day one, the boy’s parents tried to hide the case” and “lied that a stray knockout [firecracker] hit Lily”.
She emphasised that their “power lies in the laws of the land so we will also appeal”.
The distraught lady added that: “God is the final judge”.
Background
The Juvenile Court sentenced the Achimota student who was alleged to have shot his colleague, Lily Asibetse, to serve 3 years in a correctional home.
Accra FM court correspondent, Ama Brako Ampofo, who was in court on Friday, September 22 reported that the trial judge, Benardine S. A. Senoo, found the accused guilty and handed him the sentence after the trial went on for seven months.
The accused, aged 17, is said to have gone for his father’s gun under his bed with the intent of firing into the air, but ended up killing his friend, Lily Asigbetse, a third year student of Achimota School.
The facts, as narrated, were that at about 2pm on 4January 2017, the deceased, who lived at Cantonments, visited the accused at Community 8 in Tema. While there, according to the prosecution, the accused went to his father’s room and picked up his single barrelled gun and shot the victim in the abdomen.
When questioned, the accused told the police that he had intended shooting into the air, but the bullet changed course and hit the deceased.
Madam Gifty Billy, a neighbour, heard the gunshot and went to the scene only to see the victim lying in a pool of blood.
Ms Billy said she rushed the deceased to the Port Clinic at Tema. However, due to the condition of the victim, she was transferred to the 37 Military Hospital in Accra, where she died on admission.
Source: ClassFMonline.com
