Lawyers of Gregory Afoko, the farmer who has been standing trial together with one another has urged the seven-member jury to return a not guilty verdict in his favour.
Afoko and Asabke Alangde, a Station Master have both been accused for pouring acid of the late New Patriotic Party’s Upper East Regional Chairman Adams Mahama.
Prosecution witnesses have alleged that the late Adams prior to his passing on to glory on May 20, 2015 mentioned Afoko and Asabke as the two persons who poured the corrosive substance on him.
The two accused standing trial for two charges of conspiracy and murder have pleaded not guilty and though the first trial of Afoko was truncated in 2019 following the arrest, the second trial is on the verge of conclusion.
Prosecution led by Mrs Marina Appiah Opare has paraded 16 witnesses including Chief Inspector Augustus Nkrumah, Inspector Charles Agbenyo, Hajia Zenabu Adams the wife of the late Adams among others to close their case.
Afoko also opened his defence and called his elderly brother John Ishmael Afoko who was present when he was arrested as his only witness while Asabke testified without calling any witness.
Addressing the jury following the conclusion of evidence before Justice Afua Merley Wood, a Justice of the Court of Appeal sitting as an additional High Court judge, Lawyer Charway urged the jury to return a not guilty verdict for his client.
“Ladies and gentlemen of the jury, the two accused persons; A1 (First Accused) is Gregory Afoko and A2 Asabke Alangde,” counsel stated.
“They stand accused of conspiring to murder the late Adams Mahama by pouring acid on him on the night of May 20, 2015.”
Counsel said it’s been almost 8 years since the case started after an abortive first trial and lengthy second trial which started on 2020.
“I’m standing before you to make a case for my client Afoko that he was not responsible for the unfortunate incident that happened on May 20, 2015,” he stated.
Golden rule in criminal justice
While pointing to the golden rule in the criminal justice system that, all elements of guilt must be satisfied by the prosecution proving beyond reasonable doubt.
Counsel said it is for the prosecution to prove beyond reasonable doubt every single element of the offence against the accused.
Counsel explained that “it is for the jury such as you to be satisfied that you are sure after the evidence that an accused is indeed the one that committed the offence as charged.”
“You have heard all the 16 witnesses of the prosecution over the 3 year period and you have also heard the accused and the oral submissions, the evidence of the accused and the supporting evidence,” counsel explained.
Reasonable doubt
Counsel said, “my question to you is that after hearing all the evidence can it be said with certainty? Can it be said it is beyond reasonable doubt that A1 and A2 conspired to pour acid on the late Adams Mahama on the night of the incident?”
Counsel said “My simple answer is that is not the case and in this address, I’m going to set out in specific details that Mr Gregory Afoko was not responsible and by extension mr Asabke.”
Inconsistencies
Lawyer Charway took time to point out the inconsistencies in the testimonies of some of the key witnesses in the matter.
Counsel said on November 25, 2020, “we heard the evidence of PW1 Tofiq Murtala and he told the court that when he got to the hospital the deceased specifically mentioned the names of the first and second accused.”
“Tofiq Murtala told us that there were certain people around and mentioned one Mariam Razak.”
Counsel said one Asigri Quinn, PW2 also mentioned specifically hospital staff doctors and nurses when the deceased arrived and said the deceased was so audible that those immediately around heard the names.
Lawyer Charway said Tofiq Murtala went ahead to talk about the police officers who came to the hospital after the incident led by DSP Agbenyo who came there to enquire about what had happened to the deceased and he mentioned the names of the first and second
Counsel however drew the jury’s attention to that fact that, “We were in this court that DSP Agbenyo and PW15 testified and heard what they witness.”
Counsel said, “We heard a complete contrast to what Tofiq told the court that the deceased mentioned the accused persons names.”
Counsel said DSP Agbenyo said, “he never spoke to the deceased and deceased never mentioned names as against the Tofiq.”
More contradictions
Counsel again highlighted the inconsistencies in the testimonies and said “We also heard Asigri Quinn,(PW2) and Zuwera Isaka, (PW5), we know they were one of the first people who visited the scene after the incident and they were the ones who transported him to thw hospital.”
They also indicated that the deceased while being escorted to the hospital amidst the Qur’anic recitation, mentioned the names of the two accused.
Counsel however said, “Isn’t surprising therefore that all though Mr Quinn claimed he had expressly said he heard the deceased mentioned the names of the accused persons, it was interesting the wife said he did not hear his husband mentioned names.”
Counsel said Quinn and Zuweira who were with the deceased when he was being sent to the hospital gave two different conflicting accounts of what had happened.
Wife of deceased
Lawyer Charway also pointed out the contradictions of the PW8 – Hajia Zenaib Mahama, the wife of the late Adams Mahama.
Counsel said, the wife said the deceased mentioned the names of the accused persons in the house when he was shouting after the incident, in a complete contrast to other witnesses.
No finger print evidence
Counsel also pointed out that, though finger prints were taken of the accused persons on the exhibit of the gallon and a cup, the outcome was not disclosed in court because it did not match with the fingers of accused.
Counsel also wondered why “not a single person from the administration of the hospital doctors, nursing, security officers and record managers at the Hospital were taken to corroborate what the prosecution has alleged.”
Counsel rhetorically asked that “Having listening to the testimonies, can we be certainty that the case is proven beyond reasonable doubt that the deceased mentioned the names of the two accused persons?”
Counsel said “The only logical outcome is complete acquital to my client who has been in custody for nearly 8 years.”
He therefore entreated the jury to return a verdict of not guilty to dispense with justice.
Source: Ghana/Starrfm.com.gh/103.5FM/Murtala Inusah
