Row Over Mobilla �Killers� Trial

Controversy yesterday raged over the jurors to be empanelled to hear the case of the two soldiers held over the murder of Issah Mobilla, the former Northern Regional Chairman of the Convention Peoples Party (CPP), as the state and defence lawyers argued about whether or not the jurors should be sequestered during the trial. While the prosecuting attorney, Ms. Penelop Mamata, was of the opinion that the jurors be secluded because of the tension and media attention, Mr. Thadeus Sory, counsel for the accused persons; Cpl Yaw Appiah and Modzaka Eric, was of the opinion that the request of the state had no legal foundation. At the Fast Track High Court in Accra presided over by Justice Senyo Dzamefe, the prosecuting attorney moved the motion to have the jury sequestered because of the media publicity and growing tension surrounding the case. She told the court that the trial, which started in Tamale, �generated so much tension and affected security in the area�, leading to the transfer of the case to Accra. According to her, there is fear for the safety of the jurors as they may be affected by the tension as well as media hype and controversy which has generated. Furthermore, she said, it is �important to keep the jurors sequestered in order to shield them from speculation and comment�, adding that they did not want the minds of the jurors affected in the course of the trial, as the case has led to a lot of media speculation. Mr. Sory, in responding to the application, said the fears of the state had no legal foundation and noted that there is no rule or procedure in law which warranted such an application. He observed that wherever the jurors would be staying there is the likelihood they would watch television, listen to the radio and even read newspapers, adding that that concern was premature. Counsel said if anything the defence counsel should have the right to complain about the media hype on the case as some reporters have already given the case a media trial. He said the state has made no complaint about any media reportage on the case in court so he is surprised that it is the prosecuting attorney who is concerned about media speculation. According to Mr. Sory, the court is a competent court and would handle the matter effectively, like any other case before it, so when the case starts and the state has reason to believe that the media hype around the case is likely to have an effect on the minds of the jurors, then such an application could be brought. Earlier, Mr. Sory prayed the court to order the registrar of the court to give out the names of the jurors to enable the accused persons to exercise a cause as they did not know the names of the jurors to be empanelled. He told the court that they needed the names so they could challenge any of them if it so happened that they had an interest in the outcome of the trial. Both applications have been slated for hearing on December 17, 2009. One of the suspects, Cpl. Seth Goka, is on the run.