Major Mahama trial: Lawyers believe accused was ‘coerced’ to write statement
The second accused person standing trial with 13 others for the murder of Major Maxwell Mahama said he did not give his statement to the police willingly.
Bernard Asamoah, also known as Daddy, told the Accra High Court that he was beaten by officers, and thus contributed to him giving his caution statement.
The accused who has been dragged to court for his role in the death of the late military officer said there were no independent witnesses at the time the said caution statements were obtained from him on June 16, 2017, and November 15, 2017.
The role of an independent witness is to primarily guard against forgery or duress.
But in this case, the accused person insists there was no witness.
Independent witnesses may include every person who qualifies to be a competent witness and has no direct personal interest in the case.
The accused also said he was not physically and mentally stable when the police got his statement.
According to him, one of the officers [name not mentioned] threatened to shoot him should he make any attempt to escape.
These revelations came to bear when the accused person was responding to questions posed by state prosecutor Frances Mollen Ansah in a mini trial.
The mini trial was due to objections from defence lawyers about tendering caution statements and charge sheets of some of the accused persons.
The lawyers had earlier raised objections that the police did not obtain the said statements voluntarily.
They believe the accused persons were coerced into doing so.
The case has been adjourned to October 11, 2021, for further cross-examination of Bernard Asamoah.
Accused persons
Those standing trial for his murder are William Baah, the Assemblymember of Denkyira Obuasi; Bernard Asamoah alias Daddy; and Kofi Nyame, known as Abortion.
The others are Akwasi Boah, Kwame Tuffour, Joseph Appiah Kubi, Michael Anim, Bismarck Donkor, John Bosie, Akwasi Baah, Charles Kwaning, Emmanuel Badu, Bismarck Abanga and Kwadwo Anima.
They have all pleaded not guilty to charges ranging from murder, abetment to murder and conspiracy to commit murder.
What happened in 2017
At the dawn of that day, then Captain Mahama went on his usual jogging.
On the way, it is reported that he came across two women who assumed he was an armed robber because he had a gun tucked at the back of his trousers.
Multiple sources said the women called the Assemblyman and informed him that they had seen a man with a gun and were convinced that he was an armed robber.
The Assemblyman then called two associates and headed to the area where the Captain was seen jogging.
According to him, upon reaching the venue, the soldier opened fire on them, and he absconded.
The ex-soldier had his head smashed with bricks and other objects.
A day after his death, armed military officers were dispatched to the area.
The action by the military sent residents fleeing from the town for fear of being attacked by the armed personnel in a reprisal attack.
About 120 residents were picked up for their involvement in the incident. The case continues on May 17, 2021.
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