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The Accra Fast Track High Court trying the case of the late Northern Regional chairman of the Convention People's Party, Alhaji Issa Mobila, has granted the prosecution two weeks to round up its investigations into a notice of alibi filed by one of the two accused persons.
An alibi is a defense put up by an accused person to show that he or she could not have committed a crime in question because he or she was not present at the place where the offense was committed at the time indicated.
Counsel for the accused persons, Thaddeus Sory on April 1, filed a notice of alibi on behalf of Private Eric Modzaka, to prove that he (Modzaka) was not present when the alleged offense was committed.
As a result, the court on April 14, granted the prosecution two weeks to investigate the alibi as required by law, and adjourned the case to yesterday [Wednesday] for the prosecution to come and announce the findings.
However, when the court resumed sitting Wednesday, Chief State Attorney, Penelope Ann Marnatta, informed the court that the prosecution has not been able to conclude its investigations into the alibi.
She explained that the information given by all persons provided by the accused person [Private Eric Modzak] as witnesses in the alibi were based in the Northern Region, indicating that the investigator is currently on the ground.
In view of the circumstance, she prayed the court, presided over by Justice Senyo Dzamefe, to give the prosecution two more weeks to conclude its investigations and write its report on the alibi.
Justice Dzamefe then told the prosecution: "Do your best to finish the investigation before May 13. The case must go on," while adjourning it to May 13 and 14 for the prosecution to come and announce its findings and continuation of the case.
On trial in the case are Corporal Yaw Appiah and Private Modzaka, both of whom have pleaded not guilty to two counts of conspiracy and murder. A third accused person, Private Seth Goka, who is on the run, is being tried in absentia.
The prosecution ended its case on March 31, after seven witnesses had testified, and tendered in evidence of the committal processes on the three accused persons to support its case
It accordingly announced the closure of its case but had to suspend it to allow the defense team file the notice of alibi which was granted by the court.
The case, being heard by a seven-member jury started on March 17, 2010.
The court on March 17, 2010 ruled that the jury be confined until lie determination of the case but did not state when it should take effect.
The confinement of the jury would mean that they would have no access to phone calls, the media, the general public or their families except under supervision.
The three accused persons were first put before the Tamale High Court, presided over by Justice Gabriel S. Suurbaareh, in July 2005 but the Attorney-General ordered that the case is transferred to Accra.
Alhaji Mobila was allegedly tortured to death at the Kamina Barracks on December 9, 2004 after he had been transferred from the Tamale police to military custody.
According to the prosecution, the three were on duty at the Kamina Barracks when Alhaji Mobila was taken to the military custody.
The prosecution told the court that on December 9, 2004, shortly after Alhaji Mobila was taken into custody at the military barracks, he told the guards on duty he (Mobila) was thirsty following which he was given water.
According to the prosecution, "he took a sip and three hours later, Alhaii Mobila was found dead".
Source: The Ghanaian Times
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