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Major Mahama’s trial: Court directs accused persons to open their defence

Source The Ghana Report

An Accra High Court has dismissed an application for submission of no case filed by accused persons in the late Major Maxwell Adam Mahama’s trial.

Lawyers of the 14 accused persons had filed a submission of no case after the prosecution presented its witnesses in the matter.

They insisted that the prosecution had failed to convince the court that the accused persons were the ones who killed the army officer.

They, therefore, stressed that there was no need to open their defence, urging the court to dismiss the charge without the defence presenting a case.

But the court presided by Justice Mariama Owusu, a Justice of the Supreme Court sitting as an additional High Court Judge, rejected their argument.

The court held that the charges of intentionally causing harm and murder of Major Maxwell Mahama had been sufficiently demonstrated by the prosecution and needed to be defended.

She consequently overruled the submission of no case and called upon the accused persons to open their defence for the continuation of the trial.

The case has been adjourned to 18 July 2022, for William Baah, the first accused to open his defence.

In all, the prosecution presented 14 witnesses, including police investigators, to testify in the matter.

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 on 29 May 2017

At the dawn of that day, the then Captain Mahama went on his usual jogging.

Major Mahama, his wife Barbara and their two sons

On the way,  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 where the Captain was seen jogging.

According to him, upon reaching the venue, the soldier opened fire on them, and he absconded.

The assemblyman said he proceeded to the police station to report the incident, but by the time the police arrived at the scene, the Captain had been lynched.

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.

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          Family of Mahama protests slow pace of prosecution

          Dried Cocoa Pod didn’t hit Mahama – Witness confesses

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