The Court trying two soldiers over the death of
former Chairman of Convention Peoples Party (CPP), has adjourned to enable the judge to rule on whether to hear the case with the old jury or not.
The Fast Track High Court presided over by Mr Justice Senyo Dzamefe, an Appeal Court Judge, said on Friday that the court had to rule on whether to reinstate an old juror who had been indisposed and continue hearing the case or use the newly empanelled jury.
Justice Dzamefe explained that in the course of the trial, one of the jurors fell ill and was replaced on July 27, this year, when he had not
recovered from his ailment.
The seven-member jury was therefore sworn-in again by the court, and the facts were read out to the accused persons. However, before the new jury could begin hearing the case, the juror recovered and returned. The court therefore has to rule on whether to reinstate him or not.
Justice Dzamefe also stated that the Chief Justice had asked him to rule on the matter of whether or not the trial judge could continue to hear the case since he had been elevated to the status of a Court of Appeal judge.
Earlier, the judge had sent the docket to the Chief Justice to determine on whether or not he could hear the case but "the Chief Justice
sent the docket back to me and asked me to write a ruling on the mater".
Ms Penelope Mammata, Chief State Attorney, said they should reinstate the juror and continue hearing the case with the old jury. However, the
defence counsel, Mr Thaddeus Sory, disagreed, saying they should use the newly constituted jury.
The case has been adjourned to December 7, for ruling on the matter.
The accused persons, Corporal Yaw Appiah and Private Eric Modzaka and their accomplice, Private Seth Goka, have been charged with conspiracy to murder and murdering Alhaji Mobilla, former Northern Regional Minister.
The State is yet to arrest Private Goka, who is on the run.
The prosecution's case is that the deceased, until his death, was also a transport owner and Chairman of Northern Region 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 Kamina Military Barracks in Tamale and handed over to the three accused persons who
searched, undressed and put him in the guard room.
At about 2130 hours on the same day, the police received information that Alhaji Mobilla, aka Issah Mohammed, had collapsed and died in cells.