By Morkporkpor Anku
Accra, Oct. 23, GNA – Mrs Evelyn Keelson, Chief State Attorney in the trial of the alleged murderers of Major Maxwell Mahama says the prosecution has made a strong case of conspiracy against 13 of the accused persons.
She said the accused persons had a common purpose to lynch the decease, because the prosecution led overwhelming evidence to show that the accused persons did various activities with the intension to kill him.
Mrs Keelson was addressing the jury as part of the prosecution’s closing remarks of the trial in court on Monday October 23, 2023.
Fourteen persons are standing trial at an Accra High Court over the killing of Major Mahama, who was an officer of the 5th Infantry Battalion, at Burma Camp.
The late Major was on duty at Denkyira-Obuasi in the Central Region when on May 29, 2017, some residents allegedly mistook him for an armed robber and lynched him.
The mob had ignored his persistent plea that he was an officer of the Ghana Armed Forces.
The accused persons are William Baah, the Assembly member of Denkyira-Obuasi, Bernard Asamoah alias Daddy, Kofi Nyame a.k.a Abortion, Akwasi Boah, Kwame Tuffour, Joseph Appiah Kubi, Michael Anim and Bismarck Donkor.
Others are John Bosie, Akwasi Baah, Charles Kwaning, Emmanuel Badu, Bismarck Abanga and Kwadwo Anima.
She said the video evidence showed that the intensions were there and accused persons played different roles in lynching the soldier.
The Chief State Attorney said accused persons like Bismarck Donkor, Emmanuel Badu, Bismarck Abanga and Kwadwo Anima were not seen in the video, but they played various roles.
She said the evidence led by the prosecution saw the various things being done by the accused persons and this was confirmed by a picture album produced by the investigators.
“The deceased was very much alive while he was begging the accused persons to spare his life, but they went ahead to attack him with various implements,” she added.
Meanwhile, Mrs Keelson said the prosecution had also established overwhelming evidence of abetment of crime to wit murder, against William Baah, the then Assembly man of Denkyira-Obuasi to instigate action against the deceased.
She said Mr Baah, the first accused person, instigated some of the accused persons to lynch the Amry officer, quoting some few authorities to support her argument.
She said A1 abetted the crime and once an individual had instigated an action against someone, a crime was committed, indicating that it did not matter the action taken after the instigation.
Mrs Keelson said A1 as an Assemblyman then needed to know that calling the youth to come out to take an action against a supposed armed robber was wrong, adding that he had no right to instigate.
She said the deceased never committed an offence and likewise, the Assemblyman had also not seen him committing any offence that took place on May 29, 2017.
She said as a private individual, the right to arrest under the law was very limited, the best thing he should have done was to report to the Police for the necessary action to be taken.
The Chief State Attorney said the 14th prosecution witness told the court that the Assemblyman after receiving the call from the trader, called some men to mobilise some implements to attack the deceased.
She said the third and seventh prosecution witness told the court how they saw some of the accused persons chasing the deceased.
She said the prosecution had established strong evidence to show that the Assemblyman instigated the attack.
She said even, if the deceased was an armed robber, the Assemblyman had no right to instigate people against him because the law had given the Police the right to arrest.
Mrs Keelson said the Assemblyman was the one who created the whole mess by instigating the young people against the deceased
The case was adjourned to October 30, 2023, for continuation.
GNA