MOBILA MURDER TRIAL, PROSECUTION CLOSES CASE DOCKET AFTER CALLING 7 WITNESSES

The state prosecution in the  murder case involving three military men who are facing trial for allegedly been responsible for the death of Alhaji Issah Mobila, the former Northern Regional Chairman of the Convention People’s Party (CPP), yesterday told the Fast Track Court hearing the matter that it has closed it docket on the case, after calling seven witnesses during the trial.

Ms Penelope Marmattah, a Chief State Attorney prosecuting the case informed the court after a member of the Board of Inquiry that was set up by the Military to investigate the circumstance that led to the death of Issah Mobila, had  testified.

According to the Chief state Attorney, all the prosecution key witnesses have since testied and that the prosecution was not going to call in any other witnesses to appear and testify before the court.

The prosecutor also read the statutory statement taken from the accused persons by the Magistrate Court that indicted them to the High Court for trail.

In the statutory statements, Cpl Appiah and Cpl Seth Gokah who is currently on the run pleaded not guilty to the charges, while the second accused, Eric Modzaka pleaded on alibi, that he was not at the scene during the alleged beating of Issah Mobila leading to his death.

The prosecution’s seventh and last witness, Lt. Col. Johnny Eshun, a military officer who served as a secretary to the Military Board of Inquiring (BOI) that investigated the death of Issah Mobila yesterday appeared and testified before the court.

The witness, who was brought in as a prosecution witness on subpoena also tendered in the Board of Inquiring (BOI) report which contained the recommendation that led to the prosecution of the three officers.

Led in evidence in chief by the state prosecutor, Lt. Col Eshun, told the court presided over by Mr. Justice Mustapha Habib Logo, that after the inquiring, the Board recommended the prosecution of the accused persons for been responsible for the death of Issah Mobila, when he was sent to the military guard room at the Kamina Barracks by the police on December 19, 2004.

Lt. Col. Eshun said that during the investigation, it was found that, late Issah Mobila died as a result of multiple bruises and internal bleedings he sustained from severe beaten by the first accused person, Cpl Yaw Appiah who was in charge of the guard room where the deceased was kept.

According to the witness, the BOI report also recommended the prosecution of the three accused persons for perjury as they are allegedly told lies on oath, when they appeared before the board.

He said during the inquiry, it was revealed in evidence that  though  the second accused person,  Private Eric Modzaka was officially on duty , he was not at post when the late Issah Mobila was brought to the Military Barracks by the Tamale Regional police.

He told the court that it was evidence that the second accused person sought permission and was on leave to buy something at the Tamale Lorry Park and that he was not at the Guardroom when the deceased was brought in.

Lt.Col Eshun further told the court that during the inquiry, it was revealed that, the first accused made the late Issah Mobila undressed and he put him in the guardroom and later subjected him to severe beating leading to his death.

Asked by the defence counsel, Mr. Thadeus Sory, whether there was evidence to show that the second accused took part in the beating, the witness answered in the negative.

The defence yesterday indicated to the court that they would be filing a submission of no case after the prosecution has closed its docket on the matter.

Mr. Thaddeus Sory lead defence counsel therefore requested to the court for copy of the proceeding to enable him file the process and asked for adjournment.

The trial judge, Mr. Justice Habib Logo, therefore adjourned the case to June22, this year, by which the submission of no case would have reached the court and the prosecution.

The accused persons, Cpl Appiah and Private Eric Modzaka, are been held responsible for the murder of the late Issah Mobila after allegedly subjecting him to both physical and verbal abuse on December 9, 2004.

They are alleged to have made the deceased stand acrobatic in the Military guard room and later hit in the chest several times with a stick till he collapsed and died.
A third accused person, Private Goka, is currently on the run and is being tried in absentia.