Accra, Feb. 8, GNA - The Court of Appeal on Monday ruled that the list of jurors cannot be provided to the two soldiers who are being held for murder of Alhaji Issah Mobilla, ex-Northern Region Chairman of the Convention People's Party (CPP).
This was after the Court had dismissed a motion on notice praying the court to stay proceedings at the Fast Track High Court pending an appeal.
The Court of Appeal noted that the application put in by the soldiers, Private Eric Modzaka and Corporal Yaw Appiah, was not supported by law or in practice.
Describing application as unmeritorious, the court ruled that the applicants had not been able to demonstration enough grounds for the stay of proceedings.
The Court of Appeal consisted of Mr Justice R.K. Apaloo, Mr Justice Samuel Marful-Sau and Mr Justice K.A. Acquaye.
The two soldiers who are facing a charge of conspiracy to murder and murdering Alhaji Mobilla are calling for the list of jurors for investigation before they were empanelled.
Private Seth Goka, who is yet to be located, has also been charged with the death of Alhaji Mobilla.
The Fast Track High Court is yet to take their pleas.
Moving the motion before the Court of Appeal, Mr Thaddeus Sory, counsel for Modzaka and Appiah prayed the court to grant a stay of proceedings before the Fast Track High Court filed by the applicants.
He contended that there were special circumstances that a motion for stay could be granted.
According to Mr Sory the soldiers stood the chance of suffering irreparable loss if it was not granted.
He said the rights of the soldiers were likely to be infringed if a juror was biased.
Mr Edward Agyeman Duodu, Chief State Attorney, opposed the application saying there was no provision in the Criminal Procedure Code that required the provision of list of jurors to applicants to investigate them.
He said applicants had not been able to demonstrate the exceptional circumstance that the court should grant the application.
"Applicants have not shown statutory provision and I am wondering how they were going to investigate the jurors in relation to their fixed place of abode as well as their occupation if that was provided by the Registry.
He noted that if the application was granted it would stifle the trial.
Two soldiers appealed against the decision of the Fast Track High Court preventing them from obtaining the names and particulars of jurors to be empanelled in the case.
On December 17, this year the FTHC dismissed a directive to the Registrar of the Fast Track High Court to provide details and particulars of jurors to be empanelled for the trial of the alleged killers of the late Alhaji Mobilla.
The FTHC in its ruling noted that if the motion was granted, jurors who were to be empanelled faced the risk of threat, insecurity and intimidation.
According to the court, it had not come across any rule directing the court to provide details and particulars of a jury.
"This is a novelty in our criminal jurisprudence," the court presided over by Mr. Justice Senyo Dzamefe ruled.
The court is yet to rule on whether or not the jury should be confined so that they are not influenced.
On December 9, 2004, Alhaji Mobilla was arrested by the Police for allegedly supplying the youth in Tamale with guns to foment trouble.
While in custody, the Police allegedly received information that his sympathisers and followers were mobilising to free him.
The deceased was therefore transferred from police cells to Kamina Military Barracks and handed over to the three accused persons.
Three hours after Mobilla was handed over, he died.
A pathologist's report revealed that Mobilla was sent to the hospital dead, and that he died from multiple wounds.
GNA
