March 4, 2010 (Page 3 Lead)
THE Fast Track High Court has stayed proceedings in the case involving two soldiers, who are alleged to have murdered the Northern Chairman of the Convention People's Party (CPP), Alhaji Issa Mobilla.
The court stayed proceedings to enable Corporal Yaw Appiah and Private Eric Modzaka to pursue an appeal against the court's ruling, which refused them access to the list of potential, who would be empanelled to decide their fate.
The soldiers have proceeded to the Supreme Court after the Court of Appeal upheld the High Court's decision not to allow them access to the list of potential jurors.
Explaining the rationale for his decision, Mr Justice Senyo Dzamefi, explained that the core issue before the court was the request for list of potential jurors and it would, therefore, be most unfair if he allowed the matter to go on and the Supreme Court at the end of the day decides to allow the accused persons access to the list of potential jurors.
He, however, gave counsel for the accused persons two weeks or hearing would begin adding that the matter would be heard on a daily basis.
The judge explained that he used his discretion to stay proceedings although he was not bound to do so and further explained that he had not received any directive to that effect from a higher court.
Mr Justice Senyo also reminded parties in the case that his colleague judge's order from the Tamale High Court which directed that the accused persons be remanded in prison custody was still in force.
He made the remarks after observing that the military police had escorted the accused persons to court as had always been the case.
Counsel for the accused persons, Mr Thaddeus Sory, informed the court that “we will advise ourselves”.
Earlier, a Chief State Attorney, Mr Edward Agyemang-Duodu, had stated that the court could not stay proceedings because there was no order from a high court.
Opposing, Mr Sory said every court had the inherent power to stay proceedings in any case.
Hearing continues on March 17, 2010.
The Court of Appeal on February 2, 2010, declined to stay proceedings in the criminal case because it did not believe the application for stay of proceedings ought to be granted because it was not supported by law or practice.
The court also held that the soldiers were unable to demonstrate the exceptional circumstance by which a stay of proceedings could be granted.
The Accra Fast Track High Court had, on December 17, 2009, refused a request by the two soldiers to have access to the full list of jurors on the grounds that their request, if granted, had the potential of influencing or intimidating the potential jurors.
The court also reminded the accused persons that they had the right to challenge the jurors after they had been empanelled and were about to be sworn in.
The court is yet to give its ruling on whether or not to grant the state’s request for jurors in the case to be confined throughout the trial.
The two soldiers are alleged to have acted with Private Seth Goka, who is currently on the run.
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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