The Accra High Court rejected a "no case" motion made by the 14 defendants who are on trial for allegedly taking part in the murder of Major Maxwell Adam Mahama.
The prosecution was able to build a prima facie case against the 14 accused people, the court ruled Wednesday, therefore the argument of "no case" was rejected.
As a result, the accused were told to begin their defence by the court, which was presided over by Justice Mariama Owusu, a Justice of the Supreme Court serving as a High Court judge.
"Based on the aforementioned, the prosecution has established a preliminary case against the defendants. The 'no case' submission is rejected, and the accused are now asked to begin their defence.
In light of the court's ruling, William Baah, a former assemblyman from Denkyira Obuasi, is anticipated to be the first accused individual to take the witness stand and begin his defence on July 18, 2022.
presentation of no case
A right afforded to defendants under Section 173 of the Criminal and Other Offenses Act (Procedure) Act, 1960 is the filing of "no case" (Act 30). It enables defendants to persuade a judge that the prosecution did not establish sufficient evidence to support the opening of their defence. If a trial judge decides that a "no case" motion has validity, the accused are released; but, if not, they are instructed to present their defence.
After the prosecution concludes its case, an accused may submit that there is "no case" to answer.
The trial's prosecution summoned 14 witnesses in all to support its case. As a result, attorneys for the accused people cross-examined the witnesses.
alleged murder
On May 29, 2017, Major Mahama was fatally wounded in Denkyira Obuasi in the Central Region. He was allegedly murdered while out for a morning stroll that took him to Denkyira Obuasi.
On numerous social media sites, a video of his alleged lynching went viral, shocking the general population. William Baah is one of fourteen defendants on trial in connection with the killing of the military commander.
Along with them are Michael Anim, Akwasi Baah, Kwame Tuffour, Joseph Appiah Kubi, Bernard Asamoah, often known as Daddy, Abortion, and Kofi Nyarko.
The remaining individuals are Bismark Abanga, Emmanuel Badu, Akwasi Baah, Charles Kwaning, John Bosie, Bismark Donkor, and Kwadwo Anim.
To charges including murder, aiding the commission of murder, and conspiracy to commit murder, they have all entered pleas of not guilty.
Facts
According to the prosecution's version of events, Major Mahama was in charge of a military unit stationed in Diaso in the Central Region's Upper Denkyira West District to monitor unauthorised mining operations.
On May 29, 2017, at 8 am, Major Mahama left his detachment's base to jog 20 kilometres while dressed in civilian clothing and armed with a sidearm.
The military officer arrived in Denkyira Obuasi's outskirts at 9:25 a.m., where several ladies were peddling food along the route.
While interacting with the women, he even purchased some snails, which he then left in their care to be picked up when he got back from his jog.
The woman from whom he had purchased the snails, along with a few others, noticed his sidearm tucked to his waist as he took cash out of his pocket to pay for the snails.
Soon after he departed, one of the ladies called Denkyira Obuasi, an assemblywoman, to report what they had observed.
"Without checking the facts, the assembly member rallied the accused and other attackers, some of whom are still at large."