Court frees eight in Major Mahama's murder suspects
Eight out of the 22 people accused of killing Major Maxwell Adam Mahama at Denkyira Obuasi in the Central Region were on Tuesday set free by the Accra Central District Court.
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Vivian Asahene, Ebenezer Appiah, Solomon Sackey, Kwame Adjei, Yaw Annor, Solomon Kojo Fordjour, Philip Badu and Anthony Amoah were discharged after state attorneys informed the court that there was no evidence to prosecute them.
A Principal State Attorney, Mrs Evelyn Keelson, revealed to the court that the Attorney-General’s (A-G’s) Department, after studying the case docket, had decided not to prosecute the eight individuals because of lack of evidence.
“In view of that, and in accordance with Section 59 of the Criminal and other Offences Act, 1960 (Act 30), we pray for the eight persons to be discharged,” she pleaded with the court.
She, however, said the A-G was ready to prosecute the 14 other accused persons.
The bill of indictment, she said, had been served on the 14 and the state was ready to commence committal proceedings to facilitate their eventual trial at the High Court.
The 14 people to face the committal proceedings include William Baah, the Assembly Member of Denkyira Obuasi; Akwasi Baah, Kwame Tuffour, Akwasi Asante, Joseph Appiah Kubi, Kwadwo Animah and Kofi Nyame.
The rest are Michael Anim, Bernard Asamoah, Ebenezer Appiah, Charles Quainin, Bismark Donkor, John Bosie and Bismark Abanga.
Compensation
In his submission, the lawyer for the accused persons, Mr Bernard Shaw, told the court that he would initiate legal action for the state to compensate the eight individuals who were discharged by the court.
According to him, those set free had suffered a lot of trauma since their arrest in May this year.
“The legal action is to help the criminal justice system of this country. If the police had conducted thorough investigations, they would not have arrested the wrong people,’’ he said.
Reacting to counsel’s assertions, Mrs Keelson said the A-G would respond appropriately when the legal action for compensation was filed.
“But I can assure you that they are not entitled to any compensation,’’ the Principal State Attorney stated.
The court, presided over by Mr Worlanyo Kotoku, adjourned the case to January 11, 2018 for the commencement of the committal proceedings against the 14 accused persons.
Facts
The facts, as presented by the prosecution, were that Major Mahama was the commander of a military detachment stationed at Diaso in the Upper Denkyira West District in the Central Region to check illegal mining activities.
At 8 a.m. on May 29, 2017, Major Mahama, wearing civilian clothes but with his sidearm, left his detachment base for a 20-kilometre jogging.
At 9:25 a.m., the military officer got to the outskirts of Denkyira Obuasi, where a number of women were selling foodstuffs by the roadside.
He stopped to interact with the women and even bought some snails, which he left in their custody to be taken up on his return from jogging.
While he was taking out money from his pocket to pay for the snails, the woman from whom he had bought the snails and a few others saw his sidearm tucked to his waist.
Soon after he left, one of the women telephoned the assembly member for Denkyira Obuasi to report what they had seen.
“Without verifying the information, the assembly member mobilised the accused persons and others, some now at large, to attack the military officer,” the prosecution stated.
It added that the mob met Major Mahama near the Denkyira Obuasi cemetery and, without giving him the opportunity to explain and identify himself, “attacked him with implements such as clubs, cement blocks and machetes, killed him and burnt a portion of his body”.
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