The accused aged 17 is said to have gone for his father’s gun under a bed with the intent of shooting in the air but ended up killing his friend Lily Donkor who is also a third year student of the same school.
Charged with murder, the court preserve the accused person’s plea to reappear on January 24in a court presided over Mrs Dora Gloria Araba Eshun.
The GNA however gathered that the court has released the accused person to his parents who were present in court.
Before delivering its ruling the court asked parties including representative of the deceased parents, the accused parents and the Police officer to remain in court while other persons including news reporters to leave the courtroom.
Chief Inspector Simon Apiosornu, the prosecutor had earlier prayed the court to remand the accused person in a remand home to enable the police complete their investigations.
According to prosecution this was in line to the section 23 of the Juvenile Justice Act, Act 653.
The prosecutor said without a proper warrant the accused would not be accepted in the remand home.
However defence counsel Mr D.K Ameley prayed the court to release the accused to his parents who in turn would produce him anytime he was needed in court.
Mr Ameley said releasing the accused to his parent was in conformity with the section 23 of the Juvenile Justice Act.
According to Counsel, just us he sympathize with the deceased family, accused ought not to have been punished before he was ready for trial.
In his opinion the Police should have charged the accused person with man slaughter and not murder as the case was not pre-meditated.
Mr Ameley said the accused person who was sent to the Osu Children Home was not accepted hence he should be release to his parents.
He said the accused would be available to the Police and he should be made to suffer twice to a crime yet to be proven.
The facts as narrated in court were that on January 4, this year, at about 2:00pm the deceased Lily who lived at Cantonments visited the accused person at Community eight (8) in Tema.
Whiles there, prosecution said accused went to his father room and picked up his father single barrel gun and shot the victim in the abdomen.
According to prosecution Madam Gifty Billy, a neighbor heard the gun shot and went to the scene only to see the victim lying in a pool of blood.
Prosecution said Gifty rushed the victim to the Port Clinic in Tema. However due to the condition of the victim, she was transferred to the 37 Military Hospital in Accra where she died on admission.
The deceased body was currently at the hospital’s Morgue awaiting autopsy.
On January 5, this year, accused told the police that he intend to shoot into the air however the gravity of the gun change course and hit the deceased.