Kombian killed the Policemen – Prosecution

Prosecution in the case of Johnson Kombian says it has made a solid case to establish that it was Kombian who killed the two police officers at Nankpanduri in the Northern Region on October 17, 2010.

Mrs Marina Appiah-Opare, Principal State Attorney, noted that after calling six witnesses in the case, the state had been able to prove a charge of conspiracy to murder and murder of the two police officers.

The victims were Constables Prince Agyare and Owusu Frimpong.

Constable Osei Bonsu however survived the attack.

Kombian, currently on remand, has denied before a seven-member jury, the charge of conspiracy, and two counts of killing the two police officers.

Addressing the Fast Track High Court, the Principal State Attorney noted that evidence adduced by the prosecution was solid and could warrant a court conviction, adding the evidence by the witnesses was credible and reliable.

There are no inconsistencies in the evidence of the prosecution witnesses, Corporal Osei Bonsu the surviving Police officer saw Kombian and his accomplice shot at him and his colleagues on that fateful day.

Mrs Appiah-Opare also invited the seven- member jury not to believe the case and defence of the accused person because he had not tell the court his whereabouts’ on the day of the incident.

According to her, Kombian told the court that he was innocent and he was nowhere near the crime scene, adding he never filed a notice of Alibi to that effect.

She said although Kombian had denied being present in Nankpanduri on October 17, 2010, he had mentioned that he was in Sokode and Mangoh in Togo.

The Principal State Attorney said Kombian in his caution statement and evidence failed to comment on October 17, 2010 incident but emphasised on October 16, 2010.

According to Kombian, prosecution said he claimed he was in Nankpanduri on October 16 to attend to a funeral of a relation and he did not spend even 30 minutes in town.

The state contended that on the assertion that Kombian was picked up based on a mistaken identity could not be true because Corporal Osei Bonsu stated in evidence that he knew Kombian and he Kombian also used to call the police “Aban”

“The identity of the accused person is not in doubt. It is not true that Corporal Osei Bonsu did not see Kombian because they were ambushed. The weather was clear and although he was in pain he could make out Kombian,” she said.

Corporal Osei Bonsu told the court that he knew Kombian and that he also met him at a mechanic shop therefore there was no way he could be mistaken for another person.

Mrs Appiah-Opare said there was no need for prosecution to collaborate their evidence to warrant a conviction once the court finds the evidence of a witness credible and reliable.

She denied that Constable Agyare died instantly at the crime scene and as such could not have mentioned the name of Kombian as the one who shot at them.

On the evidence of the investigator, she debunked defence assertion that he did not conduct proper investigations saying the investigator did what was expected of him.

Defence Counsel for Johnson Kombian urged the seven-member jury to return a verdict of not guilty on his client because the state had failed to prove its case against him.

Mr George Assamaney counsel for Kombian, a farmer and businessman, who is being held over the death of two Police officers in the Northern Region, noted that, the state could not prove that Kombian perpetrated the crime.

Defence counsel contended that, the case of prosecution was full of inconsistencies, untruth, that no court could reasonably and safely convict his client.

Pointing out some inconsistencies, Mr Assamaney noted that, the matter took place on October 17, 2010 when his client was nowhere near the crime.

According to him, his client was in Togo and that he (Kombian) visited Nankpanduri on October 16, 2010 to console his relation, who had lost his daughter and left the same day.

He explained that Kombian left the same day because he was a fugitive and was therefore being sought for by the Police.

Defence counsel urged the jury to disabuse their minds on the fact that, Kombian was a “notorious armed robber,” saying Kombian only stole a six battery tape recorder and he was sentenced to seven years by a court.

According to him, Kombian escaped from the Tamale Prisons.

In the case of the 24 empty shells found at the crime scene, Mr Assamaney contended that, prosecution alleged that they were retrieved at the same place, although prosecution evidence stated that there were sporadic shooting from the Police and the unknown assailant and therefore the shells could fall on both sides of the road.

During evidence, defence counsel recounted that the surviving Police officer told the court that Constable Prince Agyare died instantly and that there was no way he ( the deceased) could have mentioned Kombian’s name.

Defence counsel noted that, if the unknown assailant ambushed the three police officers, indeed, there was no way they could have identified him, noting that, the evidence of the witnesses was discredited.

He said prosecution should have brought witnesses from the place of the incident to testify that it was indeed Kombian who went round telling residents to run away because the Police was arresting people within the vicinity.

Defence counsel pointed out that the case investigator failed to cross check on the calls that witnesses claimed they made to the Police, adding that, prosecution failed to bring material witnesses because they had none.

Mr Assamaney noted that, there was no collaboration in evidence adduced in identifying the perpetrator, adding that, the evidence adduced by prosecution should have implicated his client.

He wondered what his client’s motive was, when prosecution claimed he shot and killed the Police officers.

Mr Assamaney said Kombian had told the court that he had “no Juju,” and that, the Police had not taken his wife or girlfriend.

“So why would Kombian kill the policemen? Mr Assamaney asked.

Touching on the investigations conducted by the Police, Mr Assameny said the case investigator went to the scene seven weeks after the incident and wondered what kind of evidence he was going to look for.

According to him, the investigator visited the crime scene to only take measurements and returned to Accra.

Kombian, who was in Court, had called a witness to make his case, whiles the prosecution had closed its case after calling six witnesses.

Kombian and his accomplices are alleged to have ambushed three policemen and killed two of them on October 10, 2010 in the Northern Region.

Kombian's accomplices are on the run.

The victims were Constables Prince Agyare and Owusu Frimpong.

The court presided over Mr Justice Mustapha Habib Logoh adjourned the matter to August 19.