Evelyn Keelson, a Chief State Attorney at the Office of the Attorney General, has urged a 7-member jury to return a guilty verdict in the trial of 14 persons accused of murdering Major Maxwell Mahama.
The prosecutor rounding up her closing address told the jury that the prosecution has been able to prove its case beyond reasonable doubt and the accused persons were not able to offer any reasonable explanations to the evidence led against them.
She reiterated that some of the accused persons chose not to open their defence at all because they did not have anything to counter the evidence led by the prosecution against them.
“I urge you to return a verdict of guilt against each of the accused persons – 14 of them for the offences charged,” Mrs. Keelson told the jury.
She also indicated that per the amendment to the Criminal and other Offences Act, the death penalty has been replaced with a life imprisonment hence there was no need for a unanimous decision but “a majority decision will suffice.”
Trial
Major Mahama was the captain of 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 lynched in May 2017 at New Obuasi in the Central Region, after he was mistaken for an armed robber.
William Baah, the then Assemblyman for the area, is standing trial for abetment of murder while the other 13 are facing charges of conspiracy to commit murder and substantive charge of murder.
They have all pleaded not guilty to the charges and have been in prison custody since the commencement of the trial in 2018.
The other accused persons are Bernard Asamoah, alias Daddy, Kofi Nyame a.k.a Abortion, Charles Kwaning a.k.a Akwasi Boah, Kwame Tuffour, Joseph Appiah Kubi, Michael Anim and Bismarck Donkor, John Bosie, Akwasi Asante, Charles Kwaning, Emmanuel Badu, Bismarck Abanga and Kwadwo Anima.
Closing Address
Mrs. Keelson in her address told the jury that it is clear that the accused persons intended to cause the death of Major Mahama who is now dead.
She said the accused persons found it amazing that Major Mahama was still alive after all the attacks they inflicted on him and they decided to remove his trousers, thinking he had worn a charm on that faithful day.
She also told the jury that the intent of the accused persons showed clearly that when they attacked Major Mahama with stones, gun, cement and sticks, they did intend to harm and kill him.
“For all these, the prosecution has been able to establish that the accused persons killed the victim intentionally,” Ms. Keelson pointed.
She also took her time to explain the role played by each of the 14 persons and told the jury that none of the accused persons was able to counter the evidence led by prosecution witnesses.
Justice Mariama Owusu, a Supreme Court Judge sitting as an additional High Court Judge, has warned defence lawyers that she will not wait for any of them when the time comes for them to address the court and they do not show up.
She said the accused persons are entitled to fair trial and the lawyers all have a duty to address the court but one thing she would not do is to adjourn the case because a particular lawyer failed to take his turn to address the jury.
She adjourned the case to November 13, 2023, for George Bernard Shaw, counsel for six of the accused persons to address the court.
BY Gibril Abdul Razak