State granted leave to file additional evidence in Mobilla's case

The State was granted leave to file additional evidence on Friday, in the matter in which two soldiers are being held for the death of Alhaji Issa Mobilla, Chairman of Northern Regional Convention People's Party (CPP).

The two soldiers Corporal Yaw Appiah and Private Eric Modzaka are standing trial for conspiracy and murdering Alhaji Mobilla.

A third soldier, Private Seth Goka, is however, being tried in absentia. The accused persons who are on remand have denied the offence.

In the court’s ruling, it gave the State seven days to file further statements and serve those documents on Mr Thaddeus Sory, Counsel for the accused persons.

It said it could not prevent the witness from adducing the evidence because that would amount to abuse of the Evidence Act.

The court noted the accused persons would be given the opportunity to cross examine and rebate the evidence.

Presided over by Mr Justice Mustapha Habib Logoh, the Accra Fast Track High court said it did not think that the jury would swallow anything that was thrown at them, adding that all evidence was admissible except prohibited by law.

Ms Penelope Mamattah, Chief State Attorney, prosecuting, had earlier argued before the court to grant her leave to file additional evidence in the case.

The defence counsel objected to the application, saying the process sought to delay proceedings.

Alhaji Mobilla was arrested by the police on December 9, 2004 for allegedly supplying the youth in Tamale with guns to foment trouble.

While in custody, the police claimed they received information that his followers and sympathisers were mobilising to free him.

The deceased was consequently transferred from the police cells to the Kamina Military Barracks and handed over to the three accused persons.

According to the prosecution, Alhaji Mobilla died in military custody three hours after he had been handed over to the accused persons, who were on duty that day. The pathologist’s report revealed that the deceased was sent to the hospital dead and that he died from multiple wounds.

The case was adjourned to February 29.