Defence counsel in Mobilla trial re-surfaces

Accra, March 30, GNA - Defence Counsel for the two soldiers accused of murdering Alhaji Issah Mobilla, former Northern Regional Chairman of Convention Peoples Party (CPP), who withdrew from the case, has resurfaced. On Monday, March 22, Mr. Thaddeus Sory, who was defending the two accused persons, withdrew his services, saying his reasons were personal. Private Eric Modzaka and Corporal Yaw Appiah are facing charges of conspiracy to murder and murder. Their accomplice, Private Seth Goka on the run is being tried in absentia.

They have pleaded not guilty and remanded into custody. At the Accra Fast Track High Court on Tuesday, Ms Penelope Mamattah, Chief State Attorney prosecuting re-called her second witness, Lance Corporal (LC) Mathias Avenori.

LC Avenori was to be led in evidence in connection with his claim that some damaging information about the military was concealed by him and one Sergeant Mensah Kpligi.

According to LC Avenori, the information concealed had to do with beatings meted out on the deceased when he was being escorted to Kamina Barracks, Tamale on December 9, 2004.

Witness said he wrote two separate statements in respect of the matter. The first one, witness said contained the damaging contents about the military but his boss one J. Frederick, asked him to delete it. According to the witness, he personally tore the first statement into pieces and destroyed it.

Witness said J. Frederick contended that the military extended a helping hand whenever the need arose hence he should delete the damaging content concerning the assault on the deceased. LC Avenori said the deceased was ordered to put his hands on the ground while his legs leaned on the wall amidst beating. According to him, it was Modzaka who hit the deceased with a stick. Witness contended that the deceased did not fall despite the beatings meted out on him.

Answering questions under cross examination, LC Avenori admitted that he was not intimidated when he earlier on appeared before the court to testify, adding his recall was to enable him provide "additional truth" in the matter.

He denied that he was hatching a plan to cover himself and not the military.

Police Sergeant Akpene Dzakeyie Dawu, who was at the at post when the deceased was detained at Tamale Police station, mounted the witness box. She said on December 9, 2004, she was on duty when the deceased was brought by three police officers.

Witness said after careful examination of the deceased, she took his particulars and entered them in the cells book. After witness had examined the cells book and checked on her hand writing, she told the court that there were no marks on Mobilla when he was brought.

Prosecution's case is that the deceased until his death was a transport owner and Chairman of Northern Regional Branch of Ghana Private Road Transport Union.

It said on December 9, 2004, the deceased was arrested by the Police for allegedly supplying the youth in Tamale with guns to foment trouble. While in custody, the Police allegedly received information that his sympathisers were mobilising to free him.

The deceased was transferred from Police cells to the Kamina Military Barracks and handed over to the three accused persons who searched, undressed and put him in the guard room.

At about 2130 hours the same day, the Police received information that Alhaji Mobilla aka Issah Mohammed had collapsed and died in cells. Dr. Adomako Boateng of Komfo Anokye Teaching Hospital in Kumasi conducted a post mortem after the deceased had been identified by a relative. A pathologist's report revealed among other things that the deceased was sent to the hospital dead and that he died from multiple abrasions. Hearing continues on March 31. 30 March 10