Defence Counsel for Johnson Kombian has urged a seven-member jury to return a verdict of not guilty on his client because the state had failed to prove its case against him.
Mr George Assamaney counsel for Kombian, a farmer and businessman, who is being held over the death of two Police officers in the Northern Region, noted that, the state could not prove that Kombian perpetrated the crime.
Defence counsel made these known when he addressed the court and jury at an Accra Fast Track High Court presided over by Mr Justice Habib Logoh on Tuesday.
Defence counsel contended that, the case of prosecution was full of inconsistencies, untruth, that no court could reasonably and safely convict his client.
Pointing out some inconsistencies, Mr Assamaney noted that, the matter took place on October 17, 2010 when his client was nowhere near the crime.
According to him, his client was in Togo and that he (Kombian) visited Nankpanduri on October 16, 2010 to console his relation, who had lost his daughter and left the same day.
He explained that Kombian left the same day because he was a fugitive and was therefore being sought for by the Police.
Defence counsel urged the jury to disabuse their minds on the fact that, Kombian was a “notorious armed robber,” saying Kombian only stole a six battery tape recorder and he was sentenced to seven years by a court.
According to him, Kombian escaped from the Tamale Prisons.
In the case of the 24 empty shells found at the crime scene, Mr Assamaney contended that, prosecution alleged that they were retrieved at the same place, although prosecution evidence stated that there were sporadic shooting from the Police and the unknown assailant and therefore the shells could fall on both sides of the road.
During evidence, defence counsel recounted that the surviving Police officer told the court that Constable Prince Agyare died instantly and that there was no way he (the deceased) could have mentioned Kombian’s name.
Defence counsel noted that, if the unknown assailant ambushed the three police officers, indeed, there was no way they could have identified him, noting that, the evidence of the witnesses was discredited.
He said prosecution should have brought witnesses from the place of the incident to testify that it was indeed Kombian who went round telling residents to run away because the Police was arresting people within the vicinity.
Defence counsel pointed out that the case investigator failed to cross check on the calls that witnesses claimed they made to the Police, adding that, prosecution failed to bring material witnesses because they had none.
Mr Assamaney noted that, there was no collaboration in evidence adduced in identifying the perpetrator, adding that, the evidence adduced by prosecution should have implicated his client.
He wondered what his clients motive was, when prosecution claimed he shot and killed the Police officers.
Mr Assamaney said Kombian had told the court that he had “no Juju,” and that, the Police had not taken his wife or girlfriend.
“So why would Kombian kill the policemen? Mr Assamaney asked.
Touching on the investigations conducted by the Police, Mr Assameny said the case investigator went to the scene seven weeks after the incident and wondered what kind of evidence he was going to look for.
According to him, the investigator visited the crime scene to only take measurements and returned to Accra.
Mrs Marina Appiah Opare, Principal State Attorney is expected to address the court tomorrow.
Kombian, who was in Court, had called a witness to make his case, whiles the prosecution had closed its case after calling six witnesses.
Kombian and his accomplices are alleged to have ambushed three policemen and killed two of them on October 10, 2010 in the Northern Region.
Kombian’s accomplices are on the run.
The victims were Constables Prince Agyare and Owusu Frimpong.
Kombian, currently on remand, has denied before a seven-member jury, the charge of conspiracy, and two counts of killing the two police officers.