Lawyers of Gregory Afoko and Asabke Alangde, the two persons standing trial for the death of New Patriotic Party’s (NPP) Upper East Regional Chairman, Adams Mahama have filed a notice of appeal to challenge the order of the High Court to open their defense.
The application is seeking the intervention of the Court of Appeal, the second highest court of the land to overturn the decision by the High Court that a prima facie case has been established against them.
Afoko and Alangde are being accused of the acid incident which allegedly killed the NPP Regional Chairman on May 20, 2015. They have pleaded not guilty to two charges of conspiracy and murder.
On June 14, this year, State Prosecutors closed their case after parading 16 witnesses but lawyers of the accused persons, filed a submission of no case to answer on grounds that, the testimonies of the prosecution witnesses have not established a prima facie evidence against them.
Ruling on the submission of no case on Friday, October 7, the court presided over by Her Ladyship Justice Efua Merley Wood, said the elements of prima facie evidence have been established by the prosecution.
The court also ruled that, for the testimonies of the prosecution witnesses to be believed, it would be fair to hear from the accused persons.
Justice Merley Wood, a Justice of the Court of Appeal sitting with additional responsibility as a High Court Judge ruled that the court is satisfied that the prosecution has made sufficient evidence that requires the accused persons to open their defence.
EIB Network’s Legal Affairs Correspondent Murtala Inusah, reports that, due to the pendency of that appeal, the directive for Afoko to open his defense on November 2, has been deferred to November 16 by which time the appeal would have been determined.
Source: Ghana/Starrfm.com.gh/Murtala Inusah
