Mobila Murder Trial, Prosecution can Bring Fresh Evidence,Court Rules

By Felix Engsalige Nyaaba

An Accra Fast Track High court  last Friday granted the motion application filed by the state prosecution to adduce fresh evidence in the murder trial case involving three Military men who are charged with conspiracy to commit murder and murdering the former Northern Regional Chairman of the Convention People Part (CPP) Alhaji Issah Mobila in 2004.

The trial judge, Mr. Justice Mustapha Habib Logo in his ruling, said the court as an umpire on the case has no powers to stop the prosecution to bring in fresh admissible evidence in the case which is being tried on summary.

According to the Judge, “the Court has no powers to refuse admissible evidence unless otherwise provided by law and that, the defence have the opportunity to rebut the evidence if they so wish during cross –examination on the prosecution witness.”  

The state prosecutor in the case, Ms Penelope Mamatta, in November last year  in the middle of  the trial filed an application on notice seeking leave of the court  to bring in additional evidence through a witness who was giving evidence-in-chief in the case.

According to the Chief State Attorney,  the prosecution was not seized with the evidence at the time the summary of evidence was been prepared against the accused persons and that  the new  piece of evidence were not included in the statement of the witness in the case.

Ms Mamatta in the application stated that, since the new piece of evidence was not included in the summary bill of indictment as evidence, it became necessary for the prosecution to file notice seeking the court to as a matter of law grant it leave to bring the additional evidence in accordance with Section 182(3) of Act 30 of the court rules.

The state prosecutor in her supporting affidavit alluded that, the fresh evidence was material to the prosecution case and that when admitted as evidence in the trial; it would assist the court to arrive at a fair conclusion of the case.

But counsel for the accused persons, Mr. Thaddeus Sory, vehemently opposed the application, saying that the state prosecution was not candid to the court and that the attempt to bring fresh evidence into the trial was a calculated means of punishing the accused before the final judgment day.

According to the defence counsel, the additional evidence the prosecution sought to bring into the trial was a sign of incompetent on the part of the Attorney General in preparing the accused persons before the court and that such new piece of evidence was not material in the case.

He contended that, the application did also amount to a smash of justice and prayed the court not to allow the new piece of evidence into the trial which has taken over three years.

However, in his ruling on the application the judge held that, the objection to the application by the defence counsel was premature since the trial was still ongoing and the accused were also yet to open their defence into the case.

The court said, though the defence have the right to object to any evidence in the case, it could do that when such evidence are brought to the court.

“As at now, the court does not know what evidence the prosecution is bringing into this case and it would serve no use if the court refuses the application to adduce new evidence in this matter,” the judge held.

The court further said, the case is being tried under jury, and it does not think the jury would shallow anything through to them in the case and accordingly granted the application to enable the prosecution filed the new evidence  it intent bringing  into the case.

The court also ordered the prosecution to as a matter of within seven days filed the new piece of evidence and statement and have it serve onto the defence.

The case was therefore adjourned to February 29, this year for continuation.

The state has since called five witnesses into the case and it was during the turn of the sixth witness, one Sergeant George Mensah Kpligi, an investigator and member of the investigating team at the time the incident happen at the Northern Regional Criminal Investigation Department (CID) at Tamale.

The two military officers standing trial for the murder of Issah Mobila are Cpl Yaw Appiah, Pte Eric Modazaka  and Cpl  Seth Goka who is currently at large and is been tried on absentia,  the rest have since pleaded not guilty to the charges.

They face two criminal charges of conspiracy to commit crime of murder contrary to Section 23(1) and 46 and murder contrary to Section 46 of the criminal code Act 1960 (Act 29).