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Sports News of Wednesday, 2 April 2003

Source: gna

Judge congratulates witness for information

Justice Yaw Appau, an Accra High Court Judge, trying six Police Officers for their alleged involvement in the "May Nine" Stadium Disaster, on Wednesday congratulated a witness in the case, for volunteering information.

Justice Appau told the witness, Mark Heizah Quow, an auditor of the Ghana Cocoa Board that the court appreciated his effort for coming out boldly to assist to find the truth in the case, which was of national concern.

He said like other citizens, Quow could have sat on the fence, without contributing his quota towards the dispensation of justice in the country. The Judge stressed, "the court is grateful to you. Thank you."

Quow received the commendation in the witness box when he testified in the case when he was led in evidence by Anthony Gyambiby, a Principal State Attorney. The witness, on his own accord, earlier gave evidence in the Okudzeto Commission that sat on the Stadium Disaster.

The officers on trial are, John Asare Naami, Faakyi Kumi, Frank Awuah, Francis Aryee, Benjamin B. Bakomora, all Assistant Superintendents of Police and Chief Superintendent of Police, Koranteng Mintah.

They have pleaded not guilty to 127 counts of manslaughter and are on 20 million cedis bail each with two sureties. In his evidence, Quow said on May nine he went to the Accra Sports Stadium to watch the match between Accra Hearts of Oak and Kumasi Asante Kotoko on May Nine.

He said he was at the Ade Coker stand, now "May Nine" stand, when he saw the spectators throwing plastic chairs. He said he saw some police officers who made signs, while they spoke to their subordinates who were holding shields and guns and were lined-up at the May Nine gate, in front of the dressing room.

Witness said later he heard volleys of guns and tear gas, adding, "I saw a whitish smoke evolving from something and spreading." Witness stressed that he saw some of the fans who ran to where he was, the popular stand, but unfortunately, there was a thick smoke as a result of a tear gas and could therefore, not inhale, saying, "It was at this juncture that I realised that something was happening."

Quow said the small gates at the stadium were opened, while the bigger ones were closed and that he saw that some fans were pinned to the gate. He also heard faint voices. He said he saw people lying on the ground, but he could not immediately identify whether they were dead or not.

According to him, two days after the incident, he heard that a commission was set up to find the truth of the matter and so he decided to appear before it to tell what he saw at the stadium, hence he wrote to the commission who invited him.

During cross-examination by Yonny Kulendi, counsel for Naami, the first accused, witness replied that though he did not have any specialised knowledge on tear gas, he did chemistry in school at both Ordinary and Advanced level.

When counsel asked witness to tell some of the characteristics of gas, witness said when the weather is hot, the gas expands and therefore, would rise, whereas in the cooled weather, the gas becomes dense at certain level, but would not move upwards.

Witness said the gate was closed and he saw people pinned to the gate, because they wanted to get outside the stadium. When Ellis Owusu-Fordjour, counsel for second, third and fifth accused persons asked the number of policemen who wore black up and down, apart from the officers who wore grey khaki-like uniforms, witness said it was difficult for him to tell.

William Ofori Boafo asked Quow if that was the first evidence that he was giving in respect of the stadium disaster. Quow replied that he had earlier appeared before the Okudzeto Commission.

When counsel asked if witness remembered that he had told the Commission that three ordinary policemen waved to the crowd to stop throwing the chairs, witness replied, "if that was the recording, then that was correct."

According to him, he just wanted to forget about the May Nine incident, because of what he went through. Counsel reminded witness that he showed some pictures to the Commission and that he identified an officer in the photograph, when a name was mentioned and requested that he mentioned the name, but Quow told the court that he could not recollect the name.

The court last week Friday asked the prosecution to re-call Police Constable Sergeant Mark Sam Atulesi, a prosecution witness to court. This followed a submission by Boafo, counsel for Chief Superintendent Mintah Koranteng, that at the last sitting, his attention was drawn to some events, which took place at the Okudjeto Commission and that he wanted to cross-examine the witness further on some of the events, which also occurred when the Commission visited the Accra Sports Stadium to have first hand information after the incident

Hearing continues tomorrow.