Lawyer back to defend 2 soldiers

Wednesday, March 31, 2010 (Page 3 Lead)

THE lawyer for the two soldiers who have been accused of murdering the former Northern Regional Chairman of the Convention People’s Party (CPP), Alhaji Issa Mobilla, yesterday showed up in court after rescinding his decision not to defend the soldiers.
On Monday, March 22, 2010, 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 Sory, who cited personal reasons for his decision on March 22, 2010, walked to the courtroom in the company of a female colleague to take up his place as counsel for Corporal Yaw Appiah and Private Eric Modzaka.
He was, however, subjected to a series of questions on why he had told the media that he rescued himself due to inconsistencies in the prosecution’s case, among others, after he had officially informed the court that he was leaving the case for personal reasons.
After a series of back and forth questions on why counsel had granted an interview to the media, he apologised, although he had insisted he had done nothing wrong.
His apology prompted the trial judge, Mr Justice Senyo Dzamefe, to state, "I will give you the benefit of the doubt."
Later, a prosecution witness, Lance Corporal Mathias Avenori, was recalled to state whether or not he had been forced to destroy evidence which was incriminating to the military.
The court granted a request by the prosecution to recall L/Cpl Avenori after another prosecution witness, Sergeant George Mensah Kpligi, had stated that he and his colleagues had been ordered to destroy statements which their superiors deemed incriminating to the military.
Mr Avenori confirmed his colleague's statement and further pointed out that he was only four months old in the Police Service and had to obey orders.
According to Mr Avenori, Modzaka had ordered Mobilla to put his hands on the floor with his legs on the wall at the Kamina cells, while he (Modzaka) hit Mobilla's chest several times with a branch of a nim tree.
The witness, who walked towards Modzaka to identify him, told the court that Mensah pleaded with Modzaka to stop beating Alhaji Mobilla because he had done nothing wrong.
During cross-examination from defence counsel, the witness told the court that he had not been intimidated by anyone before giving his first evidence and insisted that the evidence he was giving was an additional truth and not part truth, as suggested by counsel.
He denied counsel's suggestion that the police hatched the story against the soldiers to cover their evil deeds against the late Alhaji Mobilla.
A sixth prosecution witness, Ms Akpene Dzakeye Dawu, told the court that she was on duty the day Alhaji Mobilla was brought to the police cells for detention.
According to her, she searched him and made entries before he was detained in cells.
Hearing continues today, March 31, 2010.