Counsel urged to rescind decision

Friday, March 26, 2010 (Page 31)

FAMILY members of the two soldiers accused of killing Alhaji Issa Mobilla are appealing to counsel for the soldiers who withdrew his services on Monday to rescind his decision.
Corporal Yaw Appiah and Private Eric Modzaka have, accordingly, prayed the High Court to give them a few days to either search for a new lawyer or convince their lawyer to come back and defend them in the trial in which they are facing two counts of conspiracy and murder.
Private Modzaka made the appeal at the court’s sitting in Accra yesterday and stated that he and Cpl Appiah’s family members were currently prevailing on the lawyer to continue defending them.
He made the announcement after the trial judge, Mr Justice Senyo Dzamefe, had enquired whether or not they had succeeded in procuring the services of a new lawyer.
A Chief State Attorney, Ms Ann Penelope Marmattah, did not object to the soldiers’ plea, with the explanation that the two were facing trial of indictment and it was important they had access to legal counsel.
Mr Justice Dzamefe granted their request and adjourned the case to Tuesday, March 30, 2010.
He, however, indicated that the court would solicit the services of the Legal Aid to assign them legal representation if they did not procure the services of a lawyer by March 31, 2010.
He reiterated his advice to the media to report only matters which occurred in the courtroom.
On Monday, March 22, 2010, counsel for the two soldiers, Mr Thaddeus Sory, withdrew his services after the court had upheld the prosecution’s plea to recall a witness who had already testified in the case.
Mr Justice Dzamefe announced Mr Sory’s withdrawal after he had briefly met the defence and prosecution teams in his chambers. He said Mr Sory cited personal reasons for his withdrawal.
The soldiers, who have pleaded not guilty to two counts of conspiracy and murder of Alhaji Mobilla, the former Northern Regional Chairman of the Convention People’s Party (CPP), sat in awe and bewilderment after the judge had announced their lawyer’s decision.
A third accused person, Private Seth Goka, is on the run and will be tried in absentia.
It all began when a Chief State Attorney, Ms Penelope Ann Marmattah, prayed the court to allow the prosecution to recall Lance Corporal Mathias Avenori, following Sergeant George Mensah Kpligli’s evidence that he (Sgt Kpligli) had been present when Appiah hit Mobilla’s chest with a stick.
Sgt Kpligli had also told the court that he was demoted, while his two colleagues were dismissed from the Ghana Police Service, following their insistence to state the exact issues which had led to Mobilla’s death on December 9, 2004.
Sgt Kpligli’s testimony received a sharp rebuttal from Mr Sory, who accused him of being the person who had begun assaulting Mobilla when he (Mobilla) refused to be put behind bars.
Mr Sory also accused Sgt Kpligli of concocting stories against the soldiers when he (Sgt Kpligli) had clearly stated the contrary in his caution statement.
He also described as unfortunate the prosecution’s application to recall L/Cpl Avenori after it had called, interviewed and later put L/Cpl Avenori in the box to state issues which had no bearing with Sgt Kpligli’s testimony.
Mr Sory described the prosecution’s application as “an application to reconstruct the case” and said it would be most unfortunate and unfair if the court allowed the prosecution to recall the witness.
Replying, Ms Marmattah explained that Sgt Kpligli’s revelations came only last Friday when he was interviewed by the prosecution and further stated that the prosecution was only after the truth.
In his ruling, the trial judge, Mr Justice Senyo Dzamefe, said the law permitted the court to use its discretion and for that reason he would grant leave and allow the prosecution to recall the witness in the interest of justice and for the truth to prevail.