Mobilla's case : Lawyer of accused steps down

Tuesday, March 23, 2010 (Page 3 Lead)

Counsel for the two soldiers accused of killing Alhaji Issa Mobilla yesterday shocked his clients and the public when he withdrew his services.
Mr Thaddeus Sory, who had been defending Corporal Yaw Appiah and Private Eric Modzaka, withdrew his services after the court had upheld the prosecution’s plea to recall a witness who had already testified in the case.
The trial judge, Mr Justice Senyo Dzamefe, announced Mr Sory’s withdrawal after he had briefly met the defence and prosecution teams in his chambers.
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.
Mr Sory did not give any official reason for his decision but he had earlier openly stated his displeasure at the way and manner the prosecution was “ambushing” the defence as if the rights of the accused persons did not matter.
The court has since given the accused persons three days to procure the services of a lawyer. 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.
The witness further alleged that the Northern Regional Police Commander at the time, Assistant Commissioner of Police Mr Oko Brakatu, had also destroyed several statements that he (Sgt Kpligli) had taken from witnesses in the case because Mr Brakatu had alleged that those statements were injurious to the image of the military.
According to him, he did not add those issues to his statement because he had been ordered not to do so.
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.
The judge then stood the case down for a few minutes and entered his chambers.
Mr Sory sprang to his feet immediately the judge left, in utter dismay at the court’s decision.
Other lawyers and the prosecution looked on helplessly as Mr Sory openly expressed his frustration at the way the soldiers were being treated. He and the prosecution later went to the judge’s chambers where he formally announced his decision.
Earlier, the court had given Modzaka 24 hours to provide the particulars of the two persons he had claimed he had been with on the day Mobilla was allegedly killed, following a notice pleading alibi filed on his behalf by Mr Sory.
Mr Kpligli had, in his evidence-in-chief, told the court that he had been, on December 9, 2004, assigned to effect the arrest of Mobilla who was alleged to be supplying the youth of Tamale with ammunition to foment trouble.
He said Mobilla was neither at home nor in his office at the Bolgatanga-Tamale branch of the Ghana Private Road Transport Union (GPRTU) when he (Sgt Kpligli) visited those places. He later received information that Mobilla had shown up at the police station.
According to him, Mobilla gave a statement and denied any wrongdoing but he (Kpligli) later handed him (Mobilla) over to a female police officer, whom he named only as Sgt Akpene, to prepare Mobilla for cells around 1.48 p.m.
The witness said he had been instructed with two other officers, including L/Cpl Avenori, to transfer Mobilla to the Kamina Barracks to be placed under military guard.
He said he and the other officers spent about 30 minutes at the Kamina Barracks before leaving, adding that he also took statements from the accused persons who also denied any wrongdoing.
Hearing continues on March 25, 2010.