Mobilla 'Killers' Go To Supreme Court

·Private Modzaka Eric (left) and Cpl. Yaw Appiah

AFTER THEIR application to stay proceedings at the Fast Track High Court to enable them get the details of would-be jurors was dismissed by an Appeal Court, the two soldiers accused of murdering Issah Mobilla, the former Northern Regional Chairman of the Convention Peoples Party (CPP), are heading for the Supreme Court on appeal.

This was made known by Thadeus Sory, counsel for Cpls Yaw Appiah and Modzaka Eric, the accused persons, in a court presided over Senyo Dzamefe at their first appearance there since they were ordered by the Court of Appeal to return to the High Court.

Mr. Sory, after informing the court about their next line of action at the Supreme Court, then prayed the court to stay proceedings voluntarily to enable them go on appeal at the Supreme Court as their case at the Court of Appeal was unsuccessful.

He told the court that the very issue they are seeking at the Supreme Court will be undermined if the trial started before the Supreme Court could hear their appeal.

Counsel for the soldiers was of the opinion that every court has an inherent power to stay proceedings on its own volition and gave the assurance that the appeal stood a chance of success.

The principal state attorney in the case, Edward Agyeman Duodu, opposed the application and noted that a court cannot stay proceedings on its own unless ordered to do so by an appellate court.

According to Mr. Agyeman Duodu, no superior court has ordered the court to do so and prayed the court not to grant the application since a court was not supposed to stop proceedings without an order.

Justice Dzamefe, in his ruling, said even though he was under no obligation to stay the trial, he thought it wise to do so to enable the accused persons go on appeal at the Supreme Court. He said should the appeal be successful, whatever was done will be rendered useless and the matter will have to begin again.

The trial judge however gave them two weeks to go on appeal, after which he will start trial if nothing was heard about the appeal even though he admitted that nobody can dictate to the Supreme Court at what pace they could go or when they should hear it.

 He said once a jury was empanelled the trial would be on a daily basis as he will not take any other case till it is over.

The case has been adjourned to March 17, 2010.  
 It would be recalled that three Court of Appeal justices, in a unanimous decision, dismissed the application of the soldiers on grounds that the application was not supported by any law or practice.

Justice R.K. Apaloo, the presiding judge, was of the view that the soldiers have not demonstrated any exceptional circumstance to show why the particulars of all the jurors around Accra should be made available to them.

They deemed the application as unmeritorious and went ahead to dismiss it.

Cpls Yaw Appiah and Modzaka Eric appealed against Justice Senyo Dzamefe's ruling at the Fast Track High Court not to order the registrar to make the names of jurors around Accra available to enable them conduct background checks to ensure that none of them has an interest in the trial.      

Two of the judges; Justice Marful Sau and K.A. Acquay, said the law on being provided particulars of jurors was very clear, and that normally happened only after jurors were empanelled, not before.

Justice Apaloo was of the opinion that it “would be outrageous and would expose the jurors to utmost danger” because the law was also very clear on the protection of the jurors.

By Fidelia Achama