Prosecution closes case on Major Mahama after testimonies of 14 witnesses
The prosecution has closed its case in the trial of 14 persons accused of killing the late Major Maxwell Adam Mahama sometime in May 2017.
Fourteen prosecution witnesses were called to the stand to give an account of what they saw on the day the late Major was stoned to death.
Counsel for the accused persons took turns to cross-examine the witnesses.
By closing its case, the prosecution urged the court to find the accused persons guilty of knowingly killing the military officer.
Lawyers for the 14 accused persons disclosed in court on Monday, 16 May 2022, that they would be making a submission of no case on the matter.
A submission that there is ‘no case to answer by the defendant can be made in a contested criminal matter after the close of the prosecution case. A no-case submission is made when the defence considers that the prosecution case does not support a finding of guilt and that the court should dismiss the charge without the defence presenting a case.
By this, the lawyers are convinced the prosecution has not convincingly shown that the 14 people currently before the court are the ones who killed the army officer.
The High Court has thus given the lawyers of the accused persons up to two weeks to file the said submission of no case.
The case continues on Monday, 30 May 2022, for the court to allocate the prosecution time to respond to the submission of no case.
The court is expected to pass judgment on the application afterward. In the event a trial court finds merit in the submission of no case, the accused persons are discharged, but if not, they are directed to open their defence.
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.
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 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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