Counsel for the 22 individuals alleged to have murdered Major Maxwell Mahama claims the assemblyman for Denkyira Obuasi, William Baah, who is accused of masterminding the killing, is innocent.
According to Lawyer George Bernard Shaw, the assemblyman did not take part in the lynching of the military officer.
He rejected the charge of conspiracy to commit murder levelled against the accused on the grounds that it is an " improper charge".
“The assembly member did not conspire with the other accused persons to cause Major Mahama’s death. The facts of the case, as presented by the prosecution, do not reflect what exactly happened,’’ he said.
Mr Shaw made this claim during the hearing of the case at the Accra central District court, yesterday Monday.
The lawyer was, however, interrupted by the presiding magistrate, Joshua Caleb Abaidoo, from advancing his line of argument on the basis that the court was still awaiting the Attorney-General’s (A-G’s) advice on the case.
Abaidoo’s intervention followed an objection raised by the prosecutor, Deputy Superintendent of Police (DSP) George Amegah, who pleaded with the court to stop counsel from going into the merits of the case.
“We have come before this court for committal and, therefore, counsel should not go into the merits until the trial because if we allege, we must prove,’’ he said.
{loadmodule mod_banners,nativeads}
At yesterday’s hearing, the prosecution, with the permission of the court, amended the charge sheet to accommodate the two new accused persons, Bismarck Abanga and Emmanuel Baidoo, who were arrested recently.
All the accused persons, including Baah and a female, Vivian Asahen, have been provisionally charged with murder and conspiracy to commit murder.
The hearing continues on October 10, 2017.
The facts, as presented by DSP Amegah, were that Major Mahama was the Commander of a military detachment stationed at Diaso in the Upper Denkyira West District in the Central Region to check illegal mining activities.
At 8 a.m. on May 29, 2017, Major Mahama, wearing civilian clothes but with his sidearm, left his detachment base for a 20-kilometre jogging.
The prosecutor said at 9:25 a.m., the military officer got to the outskirts of Denkyira Obuasi, where a number of women were selling foodstuffs by the roadside.
He stopped to interact with the women and even bought some snails, which he left in their custody to be taken on his return from jogging.
While he was taking out money from his pocket to pay for the snails, the woman from whom he had bought the snails and a few others saw Major Mahama’s sidearm tucked to his waist.
Soon after he left, one of the women telephoned the assembly member for Denkyira Obuasi to report what they had seen.
“Without verifying the information, the assembly member mobilised the accused persons and others, some now at large, to attack the military officer,’’ the prosecutor said.
He said the mob met Major Mahama near the Denkyira Obuasi cemetery and, without giving him the opportunity to explain and identify himself, “attacked him with implements such as clubs, cement blocks and machetes, killed him and burnt a portion of his bodyâ€.
 Credit: Daily graphic
www.primenewsghana.com/Â Ghana News