The Highway Gold Robbery trial will move into a mini trial following an objection raised by counsel for one of the accused persons against the tendering of his confession statement. In his submission, Mr E. E. Annan, counsel for Isaac Frimpong, alias Nii Baby Tei, said the investigator, Detective Inspector Hanson Gove took the statement without reference to Section 120 of the Evidence Decree.
The decree requires that an accused person give such a statement voluntarily, and in the presence of an independent witness.
He, therefore, prayed the court not to admit the statement.
Replying, Mr Anthony Gyambiby, Principal State Attorney, said the only way the matter could be resolved was through a mini-trial.
The court, presided over by Mr Justice Richard Apaloo, is trying seven people, including Regimental Sergeant Major (RSM) Jack Bebli.
The gold robbery case falls directly under "Criminal Assizes", which is a type of trial where the judge is assisted by jurors.
During investigations in such cases, the investigator is expected to take confession statements from accused persons voluntarily and in the presence of independent witnesses.
At such trials, therefore, counsel can raise an objection when he notices that his client's statement being tendered in evidence was not taken from him voluntarily.
When this happens, it is the duty of the trial judge to conduct a mini-trial.
Since this is purely a matter of law, the trial is conducted without the jurors participating to enable the court to come out with the true picture as to whether statements were taken from the accused persons voluntarily or under duress and in the presence of, or without, independent witnesses. At the end of the day, the trial court helps to clear any doubts in the minds of both the accused persons and the prosecution.
RSM Bebli, Philip Asamoah, alias Agingo, Frimpong, Patrick Boakye Mprah, James Doli, Augustus Oko Odartey and Kofi Bokor, alias Kofi Bebli, are being held for their alleged involvement in the gold robbery at Gomoa Abotsia, near Apam Junction on February 16, 1999. They allegedly laid ambush, attacked a bullion van and made away with gold worth 2.4 billion cedis.
Their charges range from conspiracy to commit crime, abetment of crime to robbery and abetment of robbery.
They have all pleaded not guilty.
RSM Bebli, Mprah and Doli are on bail while the rest are being held at the James Fort Prisons on remand.
