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An Accra Fast Track High Court has started afresh a case in which three army officers are being tried for the alleged murder of the former Northern Regional Chairman of the Convention Peoples’ Party (CPP), Alhaji Issah Mobila.
The new development became necessary after one of the jury sitting on the case absented himself for three consecutive times due to ill health.
The presiding judge, Justice Senyo Dzamefe, had no option than to replace the jury and start the case afresh.
The judge explained that section 257 of the criminal code prescribes that in the absence of a jury for a reasonable time, the judge has the right to dissolve the jury, re-constitute a new jury and begin the case afresh and so he was bound to adhere to the law.
But Justice Dzamefe did not dissolve the jury, rather, he replaced the absentee jury Joseph K. Aggrey, the absentee foreman of the jury, with Madam Agnes Darkwa.
They were immediately sworn in for proceedings to begin.
State Attorney, Penelope Mamathah told the court that the three accused persons, Corporal Yaw Appiah, Private Eric Modzaka and Private Seth Goka, who is now at large, have been charged for conspiracy to commit murder and murder.
The court had already issued a bench warrant for the arrest of Private Goka to appear before the court to also testify in the case.
Alhaji Mobila who was the chairman of the CPP in the Northern Region died while in military custody on December 7, 2004 just after the general elections.
The three accused were then serving officers at the 6th Battalion of Infantry (Kamina Barracks).
Story: Kwaku Antwi-Otoo/Asempa FM/Ghana
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