The concluding part of State Prosecutors’ final oral address to the Jury in the ongoing murder case in which some 14 accused persons are standing trial for the death of military officer Major Maxwell Mahama has stalled.
This was because, the seven-member jury are said to have embarked on strike over unpaid allowances.
The jury are a sworn body of people convened to hear evidence and render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment.
In the ongoing case, evidence from both parties had closed and the parties are to submit their closing remarks to the seven-member jury prior to judgement.
State Prosecutors led by Mrs Evelyn Keelson, a Chief State Attorney is the one leading the Prosecution to addressing the jury and have had two sessions with them with today’s expected to be their final day.
In Court on Monday, October 30, 2023, when the case was called for the Prosecution to conclude their oral submissions, the jury members were absent.
Chief State Attorney, Mrs Evelyn Keelson, indicated to the Court that, the Jury are said to be on strike, – an action premised on their unpaid allowances.
She added that, though the entire jury had been on strike for a while, the set for Major Mahama’s case had been coming to Court until today’s sitting.
Justice Mariama Owusu, Justice of the Supreme Court sitting as an additional responsibility as a High Court judge, said she was unaware else “I will have taken the matter up”
Justice Owusu, recounted how she had to engage the former (retired) Chief Justice Kwasi Enin Yeboah, the last time the jury abandoned their duties over their arrears.
The latest developments is the third time this year, that members of the jury had to abandon their duties.
The Criminal Division of the High Court in Accra consequently adjourned the case to November 6, 2023.
All the accused persons were present in Court together with some of the defence counsel and State Prosecutors prior to the case being adjourned.
EIB Network’s Legal Affairs Correspondent, Murtala Inusah reports that, the latest developments is likely to affect other indictable trials before the various Court until further notice.
It was not immediately clear how much these jurors are owed for which reason they have abandoned their duties.
Accused amazed soldier survived long
At the last Court sitting on October 23, State Prosecutors told the jury panel that 13 out of the 14 accused persons who conspired to lynch young soldier Maxwell Mahama, were “amazed” he survived their attack for a very long time.
Apart from William Baah, the Assemblyman for Denkyira Obuasi who is charged with Abetment, the remaining 13 are facing a charge of conspiracy.
At day two of Prosecution’s closing address to the jury on Monday, Chief State Attorney, Mrs Evelyn Keelson said A2 to A14 “all acted with a common purpose to kill the deceased.”
Mrs. Keelson told the jury that, the evidence led by the prosecution through their witnesses, showed that the accused persons acted together to commit the crime.
She told the jury that, upon several attacks with cement blocks including shooting at him, “they were amazed” how Major Mahama was still alive.
The Chief State Attorney added that, “They (accused) thought (wondered that) he had a charm” because they had shot at him, hit him with stones, sticks and cement blocks and he was still alive.
“The accused attacked him with all manner of implements before shooting at him. It took a very long time before he died such that they wondered how he could still remain alive.
“They throught he had some charm on him. They were amazed that he was still alive after all they did,” Mrs Keelson pointed out to the Jury.
The Chief State Attorney had earlier told the jury the role played by William Baah, alias Misty, the former Assemblyman for Denkyira Obuasi who is facing the charge of Abetment.
So far, the Prosecution had addressed the jury on the charges of abetment and conspiracy and were expected to conclude with the charge of murder on October 30.
But, the absence of the jury meant that, they have to hope that on November 6, the jury would be back.
Witnesses
The State had paraded 14 witnesses to close their case.
Out of the 14 persons standing trial, three of them Kofi Nyame, (3rd Accused), Bismark Abanga, (13th Accused)’ and Kwadwo Anima, (14th Accused), all waived their rights not to mount defence.
On Monday June 5, 2023, lawyers of the 13th and 14th Accused persons led by Lawyer Patrick Anim Addo waived their clients rights give evidence and by that meant that they have no evidence and closed their case.
Accused persons
The accused persons are William Baah, the Assembly member of Denkyira-Obuasi, 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.
The others are John Bosie, Akwasi Asante, Charles Kwaning, Emmanuel Badu, Bismarck Abanga and Kwadwo Anima.
While William Baah, the Assemblyman has pleaded not guilty to the charge of abetment, the remaining 13 have also denied the charges of conspiracy to commit murder and murder.
All of them are currently in lawful custody.
Brief facts
The facts, presented by the prosecution, were that Major Mahama was the commander of a military detachment stationed at Diaso in the Upper Denkyira West District in the Central Region to check illegal mining activities.
At 8 am on May 29, 2017, Major Mahama, wearing civilian clothes but with his sidearm, left his detachment base for a 20-kilometre jogging.
At 9:25 a.m., the military officer got to the outskirts of Denkyira Obuasi, where a number of women were selling foodstuffs by the roadside.
He 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”.
