My client has no case to answer - Counsel

Accra July 11, GNA - A Defence Counsel in the May Nine Stadium Disaster case on Friday told an Accra High Court that his client had no case to answer.

Mr Atta Akyea, counsel for Frank Awu, Assistant Superintendent of Police and the fourth accused person, said, " this cannot be a scenario that the accused person created a situation of danger."


He was making a submission of no case in the trial of his client and five others on 127 counts of manslaughter.


They are on 20 million cedis bail with two sureties each.


The officers on trial include John Asare Naami, Faakyi Kumi, Francis Aryee, Benjamin B. Bakomora, all Assistant Superintendents of Police and Chief Superintendent of Police, Koranteng Mintah.


Mr Akyea submitted that the case for the prosecution was poor and that it could not envisage any scenario that the accused persons had any case to answer.


He noted that the prosecution had not been able to establish its case that the accused persons caused the death of the 127 fans.

Counsel said the accused person had not been charged with conspiracy or abetment but that they were being jointly held with the death of the 127 fans although the cause of death was suffocation and not as a result of tear gas.


He said it was a fact that the gates at the stadium were closed, adding the death would not have occurred if they were opened. Counsel noted that those who were responsible for opening the gates and controlling the floodlights should be charged with criminal negligence. Mr Akyea stated that the prosecution had failed to prove the charge of manslaughter against the accused persons, because it failed to prove that the accused persons closed the gates or switched off the lights. Counsel submitted that they did not have any physical and remote contact with the gates and the lights and therefore did not create any situation of danger.


He pointed out that his client was not on duty and did not fire any tear gas and that the prosecution did not adduce any evidence against him.


At this juncture, Mr Akyea asked, "where is the reckless disregard for human lives? What is he going to answer? And "what did he do?" He prayed the court to acquit and discharge his client, since "the poverty of the prosecution's case has been exposed."


Mr Yonny Kulendi, defence counsel for ASP Naami in his submissions collaborated with Mr Akyea's own.


Mr Kulendi submitted further that his client advised the junior officers to stop firing and his efforts should rather be commended instead indicting him to appear before a court of law. The case has been adjourned to July 16.