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Counsel for three soldiers accused of murdering former Chairman of the CPP, Issah Mobila has withdrawn from the case.
Thaddeus Sory cited personal reasons for his decision.
The presiding Judge, Justice Senyo announced Sory’s decision to the court, Monday after a short meeting with him, Joy News’ reporter Evans Mensah said.
In court today and prior to his withdrawal, Sory raised an objection to the prosecution counsel’s attempt to recall a witness who had earlier given testimony on the case - an objection the judge overruled.
His objection was grounded on two perspectives, he noted: The prosecution did not have the right to recall a witness; the reasons they advanced for recalling the witness were not tenable, he told Mensah in an interview after the trial on Monday.
He suspected that the prosecution only wanted to “reconstruct” their case by recalling the witness. But that will not be his problem anymore, he said reluctantly.
Asked what the reaction of the suspects was on hearing the news about his withdrawal, Mr Sory said “they were not happy” but had to understand him.
He said “I will not be able to give off my best if I was made to continue the case.”
Meanwhile detective Sgt George Mensah was in the dock on Monday to testify as a prosecution witness. He was on duty on December 9, 2004, the day Issa Mobila reported himself to the police station on charges of illegal possession of weapons.
He told the court that he was instructed to release Issa Mobila to military custody at Kamina Barracks, an instruction he followed to the letter.
He said in his presence Mobila was tortured by the three soldiers, Corporal Yaw Appiah, Private Eric Modzaka, and Private Seth Goka, who he accused of severally lashing him (Mobila) with nim trees.
Sgt Mensah said he captured the torture account in his report to his superiors but the then Northern Regional Police Commander ACP Brakatuo ordered him to delete that portion because it was incriminating. He said he complied with the order and deleted it.
Counsel for the defence however challenged the credibility of the witness' testimony during cross examination.
The case has been adjourned till 25th March, 2010 at which time the accused will find themselves a new lawyer.
Story by Nathan Gadugah/Myjoyonline.com/Ghana
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