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Thu, 31 Mar 2011 General News

I'm frustrated by ruling on Ya-Na trial - President Mills

By myjoyonline
I'm frustrated by ruling on Ya-Na trial - President Mills
31 MAR 2011 LISTEN

President JEA Mills says he feels frustrated and anguished by the High Court's ruling that acquitted and discharged some 15 persons standing trial for the murder of the late overlord of Dagbon, Ya-Na Yakubu Andani II.

He said it was regrettable that some people were rejoicing over the judgement.

“As a nation, we must be interested in justice. A lot of people are talking about the ruling; it is not whether it is brilliant or not brilliant, the fact still remains that the Ya-Na was murdered... and as a nation we should be interested in finding out who killed the Ya-Na,” he stated.

Addressing journalists after a crunch meeting with members of the Andani Royal Family at the Osu Castle in Accra, President Mills said, "I feel nothing but pain, pain, that we are unable to [find the killers.]"

An Accra Fast Track High Court, presided over by Justice E.K. Ayebi, freed 15 people the state accused of conspiring to murder the Ya-Na.

The court said not only did the state woefully fail to prove the guilt of the accused, but also, evidence led by the 12 prosecution witnesses had been inconsistent, fabricated stories against the accused persons and were subsequently discredited on cross-examination.

“It was not sufficient for the prosecution to say that the Ya-Na was dead and leave it at that. Even the investigation was not conclusive of the identity of the charred body, nor was a DNA examination conducted to prove that the body was that of the Ya-Na,” the said.

“In law, the death of the Ya-Na must be proven beyond reasonable doubt, especially in the absence of a death certificate. If the prosecution failed to prove that the charred remains were the body of the Ya-Na, then the accused persons could not be held liable for the death of the Ya-Na,” the trial judge held.

The ruling provoked violent reaction from some members of the Andani family who went on rampage destroying properties belonging to the National Democratic Congress (NDC).

Conversely, 'There was spontaneous jubilation at the Accra Fast Track High Court when 15 people accused of allegedly conspiring to murder the Overlord of Dagbon, Ya-Na Yakubu Andani II, in March 2002 were acquitted and discharged,' reports the Daily Graphic.

The ruling was immediately followed by widespread jubilation in especially Yendi by family members and supporters of those who were released by the courts.

President Mills said the Andanis had every right to be depressed about the development.

"I want the people of Ghana to join us in this search for the murderers of the Ya-Na. Until that is done, the people of Dagbon will feel justifiably frustrated and upset that the killing of their overlord has not yielded any tangible results from the investigative agencies and also from our judicial system," he said.

The president and his NDC party have been accused of exacerbating the dispute between the Andanis and the Abudus. The NDC promised in their 2008 elections manifesto to find and prosecute the killers of the Ya-Na.

The president dismissed the accusations of politicisation as baseless. "If by saying that you are going to find out the killers and bring them to book, that is politicisation, I owe nobody an apology for doing so; the Dagbon people are hurt and all Ghanaians must be hurt," he added.

President Mills assured the Andani Family his government will not rest until the killers of their king were found.

Story by Malik Abass Daabu/Myjoyonline.com/Ghana

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