The lead attorney for three of the twelve people found guilty of killing Major Maxwell Mahama and given life sentences plans to appeal their verdict.
Theophilus Kafui Donkor claims that his clients believe the judge misled the jury, which affected the jury’s decision to find against them. They have thus requested that he file an appeal to take the case to a higher level.
“My clients are not satisfied with the directions that the judge gave to the jury so they have instructed me to appeal the decision on their behalf,” the attorney stated in an interview with JoyFM’s Newsnight.
“So in simple terms, my clients are not satisfied with the decision of the court and they indeed are going to challenge it on appeal”.
“They believe strongly that they have a good case in this matter. So, I think the three wise men will decide otherwise in their favour.”
He clarified that they would file an appeal on the grounds that the judge failed to refer the jury to the relevant statute when rendering the verdict.
According to Mr. Donkor, numerous appeals were filed throughout the court proceedings, some of which are still pending. He also mentioned that a composite appeal will be created by combining all of the pending appeals. Nonetheless, he emphasized that “the direction that the judge gave the jury was not proper” is the main reason for the appeal.
“To be found guilty of conspiracy, you have to show that there was prior agreement and that the accused person agreed that they were going to commit a crime, and in this case, they were going to kill,” he added, referring to the Yirenkyi versus Republic case.
However, he stated that in this instance, the prosecution never produced any proof indicating that the 12 people who were found guilty and given sentences had previously agreed on anything.
The attorney said that two of the 14 defendants were found not guilty despite the claim that they met to discuss how to carry out the murder. He emphasized that he thinks he will win his appeal in light of this.
The 12 people have started serving their sentences at the Eastern Region’s Nsawam Prison in the meantime.
On Monday, May 29, 2017, Maj. Mahama, a detachment commander, was killed by an enraged mob while doing his official duties at Denkyira Obuase in the Central Region. On June 5, 2017, he was posthumously raised to the rank of Major.
