The late Major Maxwell Adams Mahama
After nearly seven (7) years of the gruesome lynching of the late Major Maxwell Adams Mahama by a mob in Denkyira Obuasi in the Central Region, 12 persons have been found guilty of abetment, conspiracy and murder of the late soldier.
Major Mahama was the captain of the 31-member military team sent to the town to guard the properties of C&G Mining Company as a result of illegal mining activities in the area.
He was mistaken for an armed robber by the town folks after a snail seller spotted his side arm, leading to the convicts brutally assaulting him and later setting fire to the body in making sure he was dead.
William Baah, the then Assemblyman of the area as well as Bernard Asamoah, was found guilty for conspiracy to commit murder, while Kofi Nyame, Akwasi Baah, Kwame Tuffuor, Joseph Appiah Kubi, Michael Anim, John Boasie, Akwesi Asante, Charles Kwaning, Emmanuel Baidoo and Kwadzo Animah were found guilty of conspiracy to commit murder and the substantive charge of murder by a seven-member jury yesterday.
The court, presided over by Justice Mariama Owusu, a Justice of the Supreme Court sitting as an additional High Court judge, convicted the 12 and sentenced them to life imprisonment instead of death sentence as a result of the amendment to the Criminal Act which abolished the death sentence.
Bismarck Donkor and Bismarck Abanga who were facing conspiracy to commit murder charge were acquitted and discharged following a not-guilty verdict by the jury.
The Attorney General, Godfred Yeboah Dame, who was in court yesterday, expressed satisfaction with the outcome of the trial and believed this would serve as deterrent to those who want to take the laws into their own hands and resort to mob justice.
Veronica Bamford, mother of the late soldier, who could not hold back her tears, said the decision would not bring her son back but was glad justice had been served.
Case
The trial began in 2018 after a Magistrate Court in Accra committed the accused persons to stand trial at the High Court after finding that there was compelling evidence implicating them in the death of the late soldier.
The Office of the Attorney General on May 16, 2022, closed its case in the trial of the 14 persons who allegedly lynched the late Major Maxwell Mahama at New Obuasi in the Central Region in 2017.
The prosecution during the presentation of its case called 14 witnesses who gave various accounts of what happened on the day and what they witnessed.
Evelyn Keelson and Frances Mullen Ansah, both Chief State Attorneys at the Office of the Attorney General, led the case of the prosecution while George Bernard Shaw, Patrick Anim-Addo, Theophilus Donkor, Augustine Gyamfi and Seidu Nasigri were some of the defence lawyers.
The prosecution during one of the proceedings led the case investigator in evidence when the court played the horrifying videos which captured the accused persons lynching the deceased.
Eleven of the accused persons opened their defence and denied the charges against them while three; Kofi Nyame, Bismarck Abanga and Kwadwo Anima, waived their rights to mount a defence.
Judge’s Summing-Up
Justice Mariama Owusu, in her summing-up to guide the jury, highlighted the autopsy report which indicated that Major Mahama died from multiple head injuries from blunt object and gun wound, unnatural cause of death.
She said the evidence before the court left no doubt that the death of Major Mahama was caused through harm.
The judge said though Bernard Asamoah denied the charges against him, he admitted, while under cross-examination that he hit the deceased with a stick several times and also hit him with a stone.
Justice Owusu said Charles Kwaning admitted hitting the deceased with a cement block, while Kwame Tuffuor, though denied hitting the deceased, he admitted in his police caution statement that he hit the deceased with the cement block but said the soldier had already died. The judge wondered how he knew the soldier was already dead.
Joseph Appiah Kubi also admitted picking a ‘small’ block to hit Major Mahama, but while under cross-examination he said he did not hit the deceased with a full cement block but with a piece of cement block.
The judge also said Michael Anim said he only threw a blow at the deceased and had admitted throwing a cement block at the deceased, but said it did not hit him because the deceased used his hand to block it.
She indicated that Akwesi Asante was captured in the video holding a gun at the crime scene and a firearm expert indicated that the gun was in good condition, was fired and even the pathologist testified that the bullet retrieved from the body of the deceased is one that works with the gun the accused had on that day.
Emmanuel Baidoo said he took a stone and attempted to hit the deceased but he did not. He, however, indicated that he touched the soldier and asked him where he was from.
Justice Owusu said although Bismarck Abanga did not open his defence, none of the prosecution witnesses was able to place him at the crime scene except the prosecutor saying the accused punched the deceased which he denied.
She added that Kwadzo Animah was obviously at the scene of the crime and took part in the lynching by removing the clothes of the deceased, adding that, “I leave it to you as judges of fact to determine whether he is liable for the offence of conspiracy to murder.”
The judge said she was not in a position to tell them what their verdict should be, but they should focus on the evidence presented and come out with a verdict based on that without fear or favour for the prosecution or defence.
Brief Facts
The facts, presented by the prosecution at the beginning of the trial indicated that on May 29, 2017, Major Mahama, had stopped to interact with the women and even bought some snails, which he left in their custody to be taken up on his return from jogging.
While he was taking out money from his pocket to pay for the snails, the woman from whom he had bought the snails and a few others saw his sidearm tucked to his waist.
Soon after he left, one of the women telephoned the assembly member for Denkyira Obuasi to report what they had seen.
“Without verifying the information, the assembly member mobilised the accused persons and others, some now at large, to attack the military officer,” the prosecution stated.
It added that the mob met Major Mahama near the Denkyira Obuasi cemetery and, without giving him the opportunity to explain and identify himself, “attacked him with implements such as clubs, cement blocks and machetes, killed him and burnt a portion of his body.”
BY Gibril Abdul Razak