Issa Mobilla's case - AG's Dept. directed to appoint new prosecutor

May 28, 2011 (Page 3 Lead)

THE Accra Fast Track High Court has directed the Attorney-General's Department to appoint a new prosecutor to handle the case involving three soldiers alleged to have murdered Alhaji Issa Mobilla.
The trial judge, Mr Justice Mustapha Habib Logo, gave the directive following the failure of the prosecutor in charge of the case to appear before the court for the second time within a month to handle the case.
The prosecutor is believed to be indisposed.
At the court's sitting in Accra yesterday, counsel for Corporal Yaw Appiah and Private Eric Modzaka said it was unfortunate that the prosecutor did not appear to do the case.
Appiah and Modzaka have pleaded not guilty to two counts of conspiracy and murder of Alhaji Mobilla, a former Northern Regional Chairman of the Convention People’s Party (CPP), on December 9, 2004.
A third accused person, Private Seth Goka, is currently on the run.
Counsel for the accused, Mr Thaddeus Sory, said his clients had been in custody for almost half a decade and it appeared the state was not interested in trying them.
He informed the court that he would apply for the accused persons to be discharged if a prosecutor did not appear before the court on the next adjourned date.
Mr Justice Logo urged counsel to instead apply for bail on the next adjourned date.
Hearing continues on June 9, 2011.
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 over to the three accused persons.
According to the prosecution, Alhaji Mobilla 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.