Prosecution to file application to include additional evidence in Issa Mobilla case
Defense counsel for the soldiers accused for the death of Alhaji Issa Mobilla, late Northern Regional Chairman of the Convention People’s Party (CPP), has registered his displeasure over the inclusion of additional evidence in the matter.
Mr Thaddeus Sory, the defense counsel, said the prosecution ought to seek the leave of the court before Sergeant George Mensah Kpegli, a witness in the matter could include additional evidence in his testimony.
He said the prosecution could also file an application to amend the bill of indictment before Sergeant Kpegli could provide the court with that additional evidence.
Ms Penelope Mamattah, a Chief State Attorney, admitted that she did not seek the leave of the court because evidence adduced by the witness was already known to defense counsel.
She therefore prayed the court to grant her a short adjournment to enable her file application for leave before the court.
The accused persons, Corporal Yaw Appiah and Private Eric Modzaka, are facing two charges of conspiracy to murder and murder of Mobilla on December 9, 2004.
The accused persons have denied the charges before the reconstituted seven-member jury at the Accra Fast Track High Court presided over by Mr Justice Mustapha Habib Logoh.
The court therefore adjourned the matter to November 16 to enable it consider the application.
Earlier, Sergeant Kpegli who was led in evidence by prosecution admitted knowing Mobilla whom he described as a transport owner.
He told the court that on December 9, 2004 there were gun shots in Wurishi and it was alleged that the deceased was the one who supplied the guns.
He said based on that information, the Police proceeded to the deceased’s house to arrest him but he was not available.
He said at about 11:00 am he was informed that Mobilla had reported to the Police.
The sixth prosecution witness said his superiors then asked him to take investigation caution statement from the deceased.
Sergeant Kpegli said the deceased after cooperating with the Police, was placed at the charge office cells in Tamale and later transferred to Kamina Barracks.
He said the deceased looked healthy and strong as he was sent to the Kamina Barracks and on reaching there, they met a military officer who escorted him to the guard room where the body of the deceased was inspected.
Sergeant Kpegli said after the inspection of the body Corporal Appiah was instructed to detain him in the cells.
He said Corporal Appiah then asked the deceased to squat near a table saying: “You are the Issa Mobilla today you will shit blood.”
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.
Source: GNA