The suspects
An Accra high court has finally succeeded in empaneling a jury for the trial of 14 young men accused of murdering Major Maxwell Adams Mahama at Denkyira Obuasi (now New Obuasi) in the Central Region, in May last year.
The court had on two occasions failed to constitute the jury to hear the case as the accused persons, through their lawyers, rejected as many as 12 jurors who were presented to the court.
The court was forced to go into desperate search for jurors as two of the jury opted out, giving various reasons why they could not be part of the team.
At yesterday’s sitting, although two more jurors were rejected, the court was able to compose the seven-member panel, paving the way for a full trial to begin at the next sitting.
The panel, made up of six men and one woman, was subsequently sworn in by the court.
Mini Trial
There was drama when two of the defence lawyers asked the court to order the prosecution to give them an idea of what their opening statement would be before reading it to the jury.
Patrick Anim-Addo, lawyer for Bismarck Aboagye and Kwadjo Animah raised an objection to the prosecution telling the jury that after their arrests, his clients confessed murdering Major Mahama.
He also raised concerns about the admissibility of the evidence that his clients confessed committing the crime, saying those confessions might have been obtained through arbitrary means.
Another defence lawyer, George Bernard Shaw, associated himself with the concerns of Mr. Anim-Addo, adding that if the jury was told that the suspects made confessions, it would be useless to argue about the admissibility of the confessions in the absence of the jury.
But Evelyn Keelson, Chief State Attorney, countered the argument saying there is rule of law which compels the prosecution to tell the defence what it is going to say in its opening statement before telling the court.
She noted that the opening statement is just like the facts of a case in a summary trial and does not form part of the prosecution’s evidence.
Mrs. Keelson added that the lawyers were referring to admissibility of evidence which the prosecution had not even tendered in yet.
The court, presided over by Justice Mariam Owusu, a Court of Appeal judge sitting as an additional high court judge, dismissed the counsels’ objection saying the basis for the objection is not backed by law.
Opening Statements
In her opening statement, Mrs. Keelson read the circumstances leading to the lynching of the young soldier and how part of his body was burnt after he had been subjected to the gruesome treatment.
She said during the course of the trial the prosecution would provide evidence to show the roles played by each of the accused persons.
The state attorney indicated that the prosecution would also provide evidence to show that all the acts of the suspects were instigated by William Baah, assemblyman for the area at the time of the incident.
Mrs. Keelson indicated that the prosecution would be calling 15 witnesses and be tendering in 52 exhibits, including videos, to prove its case.
George Bernard Shaw, lawyer for William Baah, Akwesi Baah, Bernard Asamoah, Akwesi Baah, Bismark Donkor, Akwesi Asante and Emmanuel Baidoo, noted that what happened to Major Mahama was really a sad incident and the law must ensure that it does not happen again.
He however, stated that from the evidence available, the prosecution cannot prove that William Baah instigated the other accused persons to lynch the army officer.
Seidu Nasigri, lawyer for Kofi Nyame and John Boadi, said his clients had pleaded not guilty to charges preferred against them and that at the right time they would prove that they are not guilty.
Another defence lawyer, Augustine Obuor – who is representing Kwame Tuffuor and Joseph Appiah Kubi – entreated the jury to pay attention to how and what exactly the accused persons, especially his clients, did to cause the unnatural death of Major Mahama.
He urged them not to follow their emotions but rather what the accused did and the consequences of their actions.
Lawyer Patrick Anim-Addo, counsel for Bismarck Aboagye and Kwadjo Animah, also told the jury to see the accused persons as individuals and look at the evidence presented by the prosecution against them as well as the roles they each played in the crime.
The case has been adjourned to May 10, 2018 when the prosecution is expected to call its first witness.
Major Maxwell Mahama was killed when he was on detachment duties.
BY Gibril Abdul Razak