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Prosecution appeals for adjournment in Mobilla's case

Thu, 15 Apr 2010 Source: GNA

Accra, April 14, GNA - Prosecution in the case of the two soldiers being held for allegedly murdering the late Alhaji Issa Mobilla, Northern Regional Chairman of Convention Peoples Party (CPP), on Wednesday sought an adjournment to investigate details of a notice of alibi filed at the court.

Private Eric Modzaka, one of the accused persons contended that he was not present when the incident occurred in Tamale.

Ms Penelope Mamattah, Principal State Attorney, told the Accra Fast Track High Court that she did not receive the notice of alibi early and sought for an adjournment to investigate it.

The court granted the prosecution's request and adjourned the case to Wednesday, April 28.

The other accused person is Corporal Yaw Appiah.

They have pleaded not guilty to conspiracy to murder and murder and remanded in custody.

Their accomplice, Private Seth Goka on the run is being tried in absentia.

The prosecution expected to close its case on Wednesday March 31, had to put it on hold.

This followed a plea of alibi filed on behalf of Private Modzaka by his counsel.

The plea of alibi which is to be investigated by the prosecution includes the time, place of the offence and a line up of witnesses of Modzaka.

The court presided over by Mr Justice Senyo Dzamefe, has given defence counsel 24 hours to file the plea of alibi for it to be investigated and ruling delivered to that effect.

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.

Source: GNA