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Crime & Punishment of Wednesday, 28 April 2010

Source: GNA

Expedite investigations into notice of alibi- Court declares

Accra, April 28, GNA - A Fast Track High Court has asked the state to expedite investigations into a notice of Alibi filed by one of the two soldiers standing trial for the death Alhaji Issa Mobilla, Northern Regional Chairman of Convention Peoples Party (CPP).

The order came after the Prosecutor had renewed her prayer for an adjournment to allow for continued investigations into the details of a notice of alibi filed at the court.

Ms Penelope Mamattah, Principal State Attorney, told the Court that the investigator who was in the Northern Region had taken statements from the witnesses mentioned in the notice of Alibi. The prosecution was therefore seeking a two week adjournment to complete investigations.

The court therefore adjourned the matter to May 13. Private Eric Modzaka, one of the accused persons, had contended that he was not present when the incident occurred in Tamale. Prosecution therefore prayed the court to give them ample time to investigate the details of the notice of alibi.

The other accused person is Corporal Yaw Appiah. The two have denied the charges of conspiracy to murder and murdering Alhaji Mobilla. They have been remanded into custody by the court presided over Mr. Justice Senyo Dzamefe. Their accomplice, Private Seth Goka who is on the run is being tried in absentia. The prosecution was expected to close its case on Wednesday March 31, but had to put that on hold. This followed a plea of alibi filed on behalf of Private Modzaka by his counsel. The plea of alibi which is to be investigated by the prosecution includes the time, place of the offence and a line up of witnesses of Modzaka. Prosecution's case is that the deceased until his death was a transport owner and Chairman of Northern Regional Branch of Ghana Private Road Transport Union.

It said on December 9, 2004, the deceased was arrested by the Police for allegedly supplying the youth in Tamale with guns to foment trouble. While in custody, the Police allegedly received information that his sympathisers were mobilising to free him. The deceased was transferred from Police cells to the Kamina Military Barracks and handed over to the three accused persons who searched, undressed and put him in the guard room. At about 2130 hours the same day, the Police received information that Alhaji Mobilla aka Issah Mohammed had collapsed and died in cells.