No military here - Court directs at Mobilla trial

December 8, 2010 (Page 3 Lead)

THE Accra Fast Track High Court yesterday directed the Military High Command to transfer, with immediate effect, the two soldiers who are alleged to have murdered Alhaji Issa Mobilla from military custody into prison custody.
The court warned that it would have no option but cite military personnel for contempt if they escorted Corporal Yaw Appiah and Private Eric Modzaka to court on the next adjourned date.
According to the court, it was not fair for the accused persons to be escorted to court by military personnel, in contravention of a March 24, 2009 order by the Tamale High Court for their detention in prison custody, when the police usually obeyed court orders.
The two and Private Seth Goka, who is on the run, were alleged to have murdered Alhaji Mobilla, who was the Northern Regional Chairman of the Convention People’s Party (CPP), on December 9, 2004.
Appiah and Modzaka have pleaded not guilty to two counts of conspiracy and murder, while Goka is being tried in absentia.
Reminding the Military High Command of the Tamale High Court order which remanded the two into custody, the court was of the view that as far as it was concerned, there was no other order reversing the directive by the Tamale High Court.
The trial judge, Mr Justice Senyo Dzamefe, a Court of Appeal judge sitting with additional responsibility as a High Court judge, accordingly urged an Army lieutenant who had led the military escorts to inform his superiors of the court’s directive.
The court had earlier directed the prosecution and the defence teams to file their addresses on whether the trial should continue or start afresh following the recovery of the foreman of the seven-member jury who had suffered a stroke in the course of the trial.
The foreman, who had been replaced with another juror, recuperated before the trial resumed and for that reason a Chief State Attorney, Ms Penelope Marmattah, prayed the court to continue hearing the case.
However, counsel for the accused persons, Mr Thaddeus Sory, objected to the continuation of the case and prayed the court to start hearing it afresh.
Following Mr Sory’s objection, the trial judge gave the prosecution and the defence up to Tuesday, December 14, 2010 to file their addresses.
The trial judge was also expected to decide whether or not he would continue hearing the matter, following an objection from Mr Sory who prayed the judge to step aside following his promotion to the Court of
Appeal.
According to Mr Sory, the judge had failed to produce any document to prove that the Chief Justice had appointed him (trial judge) to hear the matter afresh.
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 claimed that they 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 him over to the three accused persons.
According to the prosecution, Alhaji Mobila died in military custody three hours after he had been handed over to the accused persons who were on duty that day.
The chief pathologist’s report revealed that the deceased was sent to the hospital dead and that he died from multiple wounds.