It is becoming difficult for an Accra High Court to empanel a jury to commence the trial of 14 people before it for allegedly murdering Major Maxwell Mahama at Denkyira Obuasi (now New Obuase) in the Central Region in May last year.
The court, presided over by Justice Mariama Owusu – an Appeals Court judge sitting as an additional High Court judge – yesterday tried but to no avail to constitute a seven-member jury.
The court’s registrar had made available 14 jurors comprising six males and eight females, out of whom the accused persons had the right to reject anyone from joining the jury.
Out of the 14, as many as eight jurors were rejected, leaving one more to get the full complement of the jury.
The six, who have been approved by the accused persons, are made up of four males and two females.
William Baah, assemblyman for the area at the time of the incident, rejected two jurors while Akwesi Asante also rejected one.
Kwame Tuffuor and Joseph Appiah Kubi, who are represented by Augustine Obour, rejected as many as five jurors made up of three females and two males.
After the rejection of the eight jurors, the lawyer pleaded with the court to allow his clients to rescind their decision on the rejections in order to get the full set of jury.
That could, however, not happen because that had to be done formally instead of orally.
Balance
Private legal practitioner Augustine Obuor asked the court to ensure that there is a balance in the sexes of the jurors as they do not want an all-female or all-male jury.
He said it is easier empanelling a jury for a single accused person but in the instance case, the accused persons are 14, hence difficulties in empanelling the jury should be expected.
Judge Unimpressed
Justice Mariama Owusu, who prior to yesterday’s proceeding had indicated that the jury ought to be empanelled as soon as possible to hear the matter judiciously, expressed disappointment at the court’s inability to do so.
She said she was hoping that the jury would be empanelled for the trial to move into full gear.
Justice Owusu wondered why the empanelling of a jury should take that long and as a result, decided to take a short adjournment.
She called on the court’s registrar to make available the five remaining jurors, by writing to their employers to allow them to come to court.
The case has been adjourned to April 16, 2018.
The 14 have been accused of murdering Major Maxwell Mahama, who was on detachment duties at New Obuase when they mistook him for an armed robber.
The accused – all males – are facing three counts of abetment to murder, conspiracy to commit crime to wit: murder, and murder contrary to Section 46 of Act 29 of 1960, to which they have all pleaded not guilty
Disrespect
Meanwhile, the judge has entreated one of the defence lawyers, George Bernard Shaw, to respect the prison officers who transport the accused persons to court.
This was after one of the officers from the Ghana Prisons headquarters had told the court that the lawyer does not respect his colleagues.
The lawyer had earlier told the presiding judge that the officers denied him access to his clients to get them to sign certain documents.
When queried, they narrated that the lawyer does not respect them, making it difficult for them to cooperate with him.
The lawyer, however, denied the allegations.
BY Gibril Abdul Razak