Friday, March 19, 2010 (Centre Spread)
THE Fast Track High Court yesterday granted a request by the prosecution to confine jurors in the case in which two soldiers have been accused of murdering the ex-Northern Regional Chairman of the Convention People's Party (CPP), Alhaji Issa Mobilla.
The court, however, deferred the confinement to a later date after conferring with the prosecution, defence counsel and the registrar of the Fast Track High Court.
The registrar is expected to communicate the date on which the confinement will begin to the court, presided over by Mr Justice Senyo Dzamefe.
Corporal Yaw Appiah and Private Eric Modzaka have pleaded not guilty to two counts of conspiracy and murder.
Their accomplice, Private Seth Goka, who is on the run, will be tried in absentia.
In its ruling, which the foreman of the seven-member jury described as a “blow” to him and his colleagues, the court directed that the cellular phones of the jurors be seized during their confinement.
It also barred the jurors from reading newspapers, watching television, listening to radio or receiving visitors during their confinement.
The trial judge gave the all-male jury the assurance that the court would hear the case on a daily basis to avoid any delay and inconvenience to them.
The court also warned the media to report only matters which occurred in the court and desist from interviewing witnesses in the case.
Its warning came as a result of a complaint from counsel for the accused persons, Mr Thaddeus Sory, who accused Joy FM, a private radio station, of interviewing a witness in the case after the court’s session on Wednesday.
Two police officers, namely, Sergeant Christian Adzakpo and Detective Inspector Anthony Kwaku Kuor, testified at the court’s sitting in Accra yesterday.
Sgt Adzakpo, who is stationed at the Tema Office of the Criminal Investigations Department (CID), told the court that he had been directed on December 11, 2009 by his superior officer to take pictures of the late Alhaji Mobilla at the Tamale Government Hospital mortuary.
According to Sgt Adzakpo, who was at the time stationed in the Tamale office of the Ghana Police Service, he was accompanied by two colleagues to the mortuary to take the pictures.
He said he saw bruises on Alhaji Mobilla’s neck, which he described as “marks of assault”, and further informed the court that he also took pictures when a pathologist arrived from the Komfo Anokye Teaching Hospital to do an autopsy.
Sgt Adzakpo tendered the pictures in evidence. The jurors were allowed to view them.
During cross-examination from Mr Sory, the witness said his camera could not tell the date the pictures were taken and further stated that he did not have anything to do with the deceased.
For his part, Inspector Kuor told the court that he had, on December 9, 2009, been directed to transfer Alhaji Mobilla from the cells at the Tamale Police Station to the military cells at the Kamina Barracks.
According to him, he and two other colleagues handed over Alhaji Mobilla to military personnel, including the two accused persons, who were on duty that day.
He denied an assertion from defence counsel that Ahaji Mobilla was not a healthy person at the time he was being transferred from the police cells.
Hearing continues today.
The facts of the case are that Alhaji Mobilla was arrested by the police on December 9, 2004 for allegedly supplying the youth in Tamale with guns to foment trouble.
While he was in custody, the police received information that his followers and sympathisers were mobilising to free him. The deceased was consequently transferred from police cells to the Kamina Military Barracks and handed over to the three accused persons.
According to the prosecution, Alhaji Mobilla died three hours after he had been handed over to the accused persons who were on duty that day.
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