Two soldiers who are being held for the alleged murder of Alhaji Issah Mobilla, ex-Northern Regional Chairman of Convention People's Party (CPP), have gone to the Supreme Court (SC) to seek redress over the list of jurors. Stating the grounds of appeal before the SC, the soldiers contended that the Court of Appeal (CA) erred when it held that the appellants (Soldiers) failed to demonstrate any exceptional circumstance to justify the grant of application. The CA also erred when it held that they failed to prove that the application was neither sanction by law or practice. This came to light when Private Eric Modzaka and Corporal Yaw Appiah appeared before an Accra Fast Track High Court for the commencement of the trial. Mr. Thaddeus Sory, defence counsel mentioned to the Fast Track High Court that they had filed a notice of appeal before the Supreme Court and was therefore praying the FTHC to stay proceedings pending the hearing of the appeal. Mr. Edward Agyeman Duodu, Principal State Attorney however; indicated that an appeal against a judgment did not automatically mean that the lower court should stay proceedings. The court gave defence counsel two weeks saying if it did not hear anything pertaining to the matter in the Supreme Court, it would empanel jurors for trial to commence. According to the court, it had not seen any order from the SC asking it to stay proceedings adding its decision was discretional. It therefore adjourned the matter to March 17, pointing out that the case would be heard on daily basis, as such prosecution should assemble all its witnesses. On December 17, last year the FTHC dismissed a directive to the Registrar to provide details and particulars of jurors to be empanelled for the trial of the alleged killers of the deceased. The FTHC in its ruling noted that if the motion was granted, jurors who were to be empanelled faced the risk of threat, insecurity and intimidation. According to the court, it had not come across any rule directing the court to provide details and particulars of a jury. "This is a novelty in our criminal jurisprudence," the court presided over by Mr. Justice Senyo Dzamefe ruled. The soldiers proceeded to the CA, which on February 8, this year dismissed a motion on notice praying the court to stay proceedings at the FTHC pending an appeal. It ruled that the list of jurors could not be provided to the accused persons describing the application as unmeritorious, because the applicants had not been able to demonstrate enough grounds for the stay of proceedings. The accused persons facing a charge of conspiracy to murder and murdering Alhaji Mobilla are calling for the list of jurors for investigation before they were empanelled. Private Seth Goka, who is yet to be located, has also been charged with the death of Alhaji Mobilla. The FTHC is yet to take their pleas. On December 9, 2004, Alhaji Mobilla 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 and followers were mobilising to free him. The deceased was therefore transferred from police cells to Kamina Military Barracks and handed over to the three accused persons. Three hours after Mobilla was handed over, he died. A pathologist's report revealed that Mobilla was sent to the hospital dead, and that he died from multiple wounds. Source: GNA PAF/MI