The late Major Maxwell Mahama
Major Maxwell Mahama who was lynched at Denkyira-Obuase in the Central Region by a mob and his military detachment were allegedly protecting a mining company which did not have a valid licence from the Minerals Commission to mine.
Gorge Bernard Shaw, defence lawyer for six out of the 14 persons currently before an Accra High Court charged with murder and abetment to murder the fallen soldier, made the assertion in court yesterday.
According to him, the Minerals Commission on January 30, 2017 wrote to the C&G Mining Company at Diaso to cease operating since it was affected by the ban placed on illegal mining by the New Patriotic Party (NPP) government.
In his further cross-examination of WO II Kwesi Sabi – who was among the Major Mahama-led military detachment that was sent to protect properties of the company – the defence counsel alleged that the soldiers were sent to Diaso because of the tension between the residents and the company.
The witness (WO II Sabi), however, refuted the allegation, saying the company was not affected by the ban, neither was it mining illegally.
He also rebutted the lawyer’s claim that there was tension between the company and the residents who were protesting that it was destroying their forest reserves.
As a military officer, WO II Sabi – who was Major Mahama’s second-in-command (2ic) – told the court that he had no idea why 31 soldiers from Accra and Takoradi were deployed to Diaso to protect the properties and staff of the mining company.
Although the soldier insisted that he and his colleagues were briefed by their superiors – both in Accra and Takoradi – before they eventually left for Diaso, he could not tell the court why the company needed protection.
“I was sent to go there, but I did not know why. We were told we were going to Diaso to protect C&G Mining Company,” the witness told the court.
Mr Bernard Shaw then suggested to the witness that he was not being entirely candid with the court as to why the military went to Diaso, but WO II Sabi said he was telling the truth.
Mr Shaw also alleged that the military detachment descended on the poor residents of the area following the murder of Major Mahama as revenge.
WO II Sabi, however, denied the allegation saying none of the 31 soldiers deployed to the area did such a thing and he could not tell if any military personnel out of his team did so.
Other Lawyers
At the instance of another defence lawyer, Seidu Nasigri, who is representing Kofi Nyame and John Boadi, the witness told the court that he did not know the two accused persons prior to their appearance in court.
Another defence lawyer, Augustine Gyamfi, asked the witness whether he was aware that police report at the time indicated that there were intense robberies in the area; and WO II Sabi said there was no such a thing.
“You saw Major Mahama going out that morning and how he was going out, will that suggest to anyone at first sight that he was an army office?” Mr Gyamfi queried; and the witness said “You can see.”
Asked how one could tell he was a military man when he was not in uniform, WO II Sabi replied, “You will know a soldier when you see one by his appearance and built.”
Order
Meanwhile, the court has ordered the Head of Department (Disclosure) at Vodafone Ghana Limited to make available the May 29 and May 30, 2018 phone records of William Baah – assemblyman for the area at the time.
The order followed an application filed by his counsel, Mr Bernard Shaw, to order for the records for the accused person to put up an effective defence.
The prosecution, led by Evelyn Keelson, a chief state attorney, did not oppose the application and so the court granted it.
Hearing continues on June 5, 2018.
Background
Major Maxwell Mahama was allegedly killed by the 14 accused persons and others who are still at large at Denkyira Obuasi where he was on detachment duties.
The then army captain was on a 20-kilometre walk when he was reportedly mistaken for a thief by some women he had bought some snails from.
The women, who thought he was an armed robber after spotting his official pistol, allegedly called the assemblyman in the area (William Baah) to raise an alarm.
The assemblyman allegedly organised people in the town to lynch the soldier and later set parts of his body ablaze.
BY Gibril Abdul Razak