Murder suspects refused list of potential jurors

Friday, December 18, 2009 (Page 3 Lead)

THE Accra Fast Track High Court on December 18, 2009 refused a request by the two soldiers accused of murdering the Northern Regional Chairman of the Convention People’s Party (CPP), Alhaji Issa Mobilla, to have access to the full list of the potential jurors who would be selected to decide their fate.
The court was of the view that the accused persons’ request, if granted, had the potential of influencing or intimidating the potential jurors.
It, therefore, reminded the accused persons that they had the right to challenge jurors when they were empanelled and about to be sworn in.
Counsel for Corporal Yaw Appiah and Private Eric Modzaka had argued that Sections 246 and 252 of the Criminal Procedure Code and Article 33 (5) of the 1992 Constitution enjoined the registrar of the court to allow them to have access to the full names and particulars of the potential jurors in the case for scrutiny, but the court held a different view.
Reading the court’s stand, the presiding judge, Mr Justice Senyo Dzamefe, said although he stood to be corrected, he had not come across any statute which allowed accused persons to investigate the backgrounds of potential jurors.
He said the request by the accused persons was “a novelty in our jurisprudence” and further added that in his discretion he would balance the rights and convenience of the accused persons vis-à-vis the jurors to be empanelled.
The court held that much as it agreed with the accused person’s position, the law did not specify that they had the right to check the backgrounds of potential jurors, adding, “On the balance of convenience, I shall refuse the application.”
It adjourned ruling on whether or not to grant the State’s request for jurors in the case to be confined throughout the trial.
The trial judge then asked whether or not the accused persons were still in military custody, to which a lieutenant who had accompanied them to court answered in the affirmative.
A Chief State Attorney, Mr Edward Agyemang-Duodu, then prayed the court to remand the accused persons in prison custody, in view of the fact that the third accused person, Private Seth Gokah, had absconded from military custody.
However, the court held that a similar order had been made by the Tamale High Court and for that reason there was no point for him to make a similar order, especially when he had the same powers as the Tamale High Court judge.
Mr Justice Dzamefe said there was no justifiable reason for the court to make a fresh order, especially when there was no motion to that effect before him.
Hearing continues on January 14, 2009.