Issa Mobilla’s case adjourned to Nov 9

Page 3: Daily Graphic, November 2, 2011
Story: Albert K. Salia
THE Fast Track High Court trying three soldiers for the murder of Alhaji Issa Mobilla, a former Northern Regional Chairman of the Convention People’s Party (CPP), yesterday adjourned to November 9, 2011, to enable the prosecutor to refresh her mind on the case.
The adjournment followed a request from the prosecutor, Mrs Penelope Mamattah, a Principal State Attorney, who told the court, presided over Mr Justice Mustapha Habib Logo, that she just resumed and would like to study the case docket for the facts and events that had taken place since February, this year.
Mrs Mamattah is the main prosecutor in the case, but a Chief State Attorney, Mrs Merley Wood, stood in her stead while she was away.
Moreover, she explained that some witnesses the prosecution was expecting to testify had not shown up and, therefore, an adjournment would enable the prosecution to arrange for the witnesses to be present at the next adjourned date.
Counsel for the accused, Mr Thaddeus Sory, did not object to the request.
Corporal Yaw Appiah, Private Eric Modzaka and Private Seth Goka have been accused of the murder of Alhaji Mobilla. Goka, who is on the run, is being tried in absentia.
Appiah and Modzaka have pleaded not guilty to two counts of conspiracy and murder of Alhaji Mobilla.
The two, who have been in custody for the past five years, were brought from Tamale to face trial in Accra in early 2010. Nine witnesses were called before the foreman of the jury fell ill, a situation which compelled the court to replace him.
That action sparked a sharp disagreement from counsel for the accused persons, who argued that in law the replacement of the juror meant that the case had started afresh.
Subsequently, a new seven-member jury was constituted to hear the case afresh before a new judge, Mr Justice Logo.
So far, five witnesses have been called since the trial started afresh.