The prosecution in the trial of three soldiers accused of killing Alhaji Issa Mobilla, a former Northern Regional Chairman of the Convention People’s Party (CPP), has been granted leave by the Accra Fast Track High Court to file additional evidence in the matter.

The presiding judge,Justice Mustapha Habib Logoh, gave the prosecution seven days to file its notice of additional evidence and statements to that effect and have same served on the defence.

Further hearing has been fixed for February 29, 2012.

The prosecution, led by a Chief State Attorney, Ms Penelope Mamattah, prayed the court to grant it leave to file additional evidence in in the matter.

The presiding judge, Mr Justice Mustapha Habib Logoh, gave the prosecution seven days to file its notice of additional evidence and statements to that effect and have same served on the defence.

Further hearing has been fixed for February 29, 2012.

The prosecution, led by a Chief State Attorney, Ms Penelope Mamattah, prayed the court to grant it leave to file additional evidence in the case.

In the affidavit supporting the motion, the prosecution noted that the leave to file additional evidence was premised on the fact that fresh pieces of evidence had been brought to its attention after the case had begun.

It is also the case of the prosecution that the prosecution was not seized with the evidence at the time when the summary of evidence was compiled.

According to the prosecution, since the evidence was not included in the summary of evidence, it had become necessary for it to file notice of additional evidence, in accordance with criminal procedure rules.

Lead counsel for the defence, Mr Thaddeus Sory, opposed the application, saying that the process sought to delay proceedings.

At the time that the application was made, a sixth prosecution was in the process of testifying.

The court, in its ruling, said every evidence relevant to a matter was admissible, unless otherwise provided by law, while whether a piece of evidence was credible or not was a point of law.

According to the court, to deny the prosecution the chance to call a witness to adduce further evidence would amount to a breach of the rules.

It said every evidence adduced would be subject to cross-examination by the other party, noting that the instant matter being a jury trial, the court was not of the opinion that the jurors would swallow anything that was thrown at them.

Two of the soldiers, namely, Corporal Yaw Appiah and Private Eric Modzaka, are standing trial for conspiracy and murdering Alhaji Mobilla.

A third soldier, Private Seth Goka, is on the run and is being tried in absentia.

The accused persons, who are on remand, have denied the offence.

Alhaji Mobilla was arrested by the police on December 9, 2004 for allegedly supplying the youth in Tamale with guns to foment trouble.

While in custody, the police claimed 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 pathologist’s report revealed that the deceased was sent to the hospital dead and that he died from multiple wounds.

By Stephen Sah – Daily Graphic


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