A mini-trial also known as trial within trial is to be conducted in the case, in which four persons are standing trial for the alleged murder of Major Maxwell Adams Mahama at Denkyira-Obuasi in the Central Region on May 29, 2017.
This is because, counsel of 10 out of the 14 accused charged with murder and abetment of crime had objected to the tendering of caution and charge statements taken from the accused by the prosecution at different times in 2017.
Messrs George Bernard Shaw and Theophilus Donkor yesterday told the Accra High Court presided over by Justice Mariama Owusu, a Supreme Court judge sitting with additional responsibility as a High Court judge that those statements were not given voluntarily by the accused.
This was when Chief Inpector Samuel Agyakwa was led by Mrs Evelyn Keelson, a Chief State Attorney to read the caution and charge statements taken from the accused.
Justice Mariama said on April 30, the next adjourned date, the independent witnesses who were present at the time the statements were taken would be invited to give evidence, after which the defence would cross examine them.
The lawyers had argued that the statements were confessions and that it was contrary to Section 120 of the Evidence Act, NRCD 323.
Chief State Attorney, Mrs Keelson disagreed with the counsel and said the statements were taken voluntarily and in accordance with Section 120 of the Evidence Act, NRCD 323.
Two of the accused whose statements were not objected by their counsel, Mr Patrick Anim Addo, were Bismark Abanga and Kodwo Anima.
Abanga who statements were taken on September 14 and November 16 respectively said he was a television repairer and that on Monday May 29, 2017, he was working on a television when he heard an unusual noise and decided to go out but was restrained by his wife.
He said later in the day, his apprentice came to break the news that a man was beaten by a mob.
Abanga stated that he went to the crime scene and saw the alleged armed robber being beaten.
He said that he (Abanga) picked a dry cocoa pod and threw at the late Major Mahama but it did not hit him.
The accused added that he used his mobile phone to take picture of the soldier.
Kodwo Anima, a resident of Denkyira-Obuasi, whose statements were taken by the prosecution on June 10 and 28 as well as December 13, 2017 said that he went to have a hair cut on May 29, 2017 at about 9:30am when he and Abu the barber heard that an armed robber was shot and they left the barber shop to the place where the alleged shooting occurred.
He said on their way to the alleged crime scene, they met one Fiko who told them the armed robber was killed.
Anima stated that upon reaching the alleged crime scene, they found Major Mahama in a jean trouser, lying down and breathing, and his head was smashed.
Anima said that he (accused) pulled the jean trouser on the soldier to the knee level and was pushed by one Akwasi Bosie.
Accused stated that he later travelled and returned after four days.
On the evening of the day he returned, accused said he was invited by the Duaso police station and was arrested when he honoured the invitation from the police.
BY MALIK SULLEMANA
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