State Prosecutors have urged the seven-member jury trying Gregory Afoko and Asabke Alangde for the murder of the late New Patriotic Party (NPP) Upper East Regional Chairman, Adams Mahama to punish them for “intentionally causing” his death.
According to the Prosecutors, they have been able to lead evidence through their 16 witnesses to prove their case beyond reasonable doubt, the guilt of the accused persons.
Gregory Afoko, a farmer, and Asabke, the station master of the Bolga-Kumasi-Ayamfure Lorry Station have been accused of pouring the acid substance on the late NPP chairman leading to his death in May 20, 2015.
They have both pleaded not guilty to the charges of conspiracy and murder and the trial has ended but the parties are addressing the seven-member jury.
The prosecution led by Mrs Marina Appiah Opare, a Chief State Attorney, in the Prosecution’s final addresses to the jury, said though their case was not based on eyewitness evidence, they have been able to adduce “circumstantial evidence” to prove their case.
“We urged you to believe the story of the prosecution witnesses,” the Chief State Attorney admonished the jury.
She added that “I have shown to you that the first accused gave three different narrations from the first day of May 20,” to the police, but each of them had told a different story, wondering which one should be believed.
“The prosecution is submitting to you that we have been able to prove our case beyond reasonable doubt,” Mrs Appiah Opare intimated.
She said, “I have taken you through our case of murder and conspiracy and we have shown to you that through the elements that we have proven that to you.”
The Chief State Attorney stated that “It was these two accused persons (Afoko and Asabke) who poured the acid on Adams Mahama on the night of May 20, 2015.”
While reminding the jury that the defence counsel did not address them (jury) on the cases of their own clients, “we have taken you through” the cases of the accused persons.
“We are urging you to believe the case of the prosecution and reject the case of the accused persons,” she lobbied the Jury.
Accountability
The Chief State Attorney said, “in our view, the prosecution did not fail to prove its case beyond a reasonable doubt.”
While pointing to a Supreme Court pronouncement, Mrs Appiah Opare said, when an accused is telling lies before a trial court, then he has a guilty mind.”
She said based on that, “we (Prosecution) are saying these two accused have done what we have said” with their contradictions.
Alluding to defence counsel’s submission that a man on his dying bed would speak the truth and go to heaven, the Prosecutor said, “That’s is why the deceased knew he will die mentioned the names of (Afoko and Asabke) and “when he (Adams) mentioned the names he was telling the truth.”
“I want to tell you that it is important that people be held accountable for what they do. We have discharged our duty and the people of Ghana will be waiting for you to also discharge your duty.
“We urged you to return a guilty verdict against the accused,” Mr Appiah Opare stated.
Analysis of Prosecution’s evidence
Mrs Opare while analyzing the prosecution’s case said they are to prove certain elements of each of the Offences for conspiracy and murder
The first she said was that Prosecution must be able to prove that Adams was dead, and through their witnesses, “We have been able to prove that he is dead and pathologist came to prove it.”
Secondly, she said, the prosecution was also to prove that, the late Adams died from harm.
She said with that element, the prosecution has been able to prove that the deceased suffered bodily hurt from the acid incident and the pathologist Dr Lawrence Adusei also confirmed.
Mr Appiah Opare said they have also been able to prove that, the harm caused to the late Adams Mahama was unlawful and was caused intentionally by the accused persons.
“Our submission is that the accused intentionally caused harm to the deceased and it was the reason he passed on,” and sing “The harm caused to the deceased was no way lawful.”
In respect of the fourth element which the prosecution was to prove that the unlawful harm was caused by the accused, the Chief State Attorney they have also discharged the burden of proof.
“It was our submission that the unlawful harm was caused by the accused persons,” she said.
Role of Afoko
Addressing the jury on the role of Gregory Afoko, Mrs Appiah Opare said, “We are saying that the names of A1 together with A2 were mentioned by witnesses of this case they received this information directly from the deceased.”
She said the wife of the late Adams Hajia Zenabu Adam (PW8) also mentioned the names of the two as the names his late husband gave at the house.
The prosecution said the late Adams also was said to have mentioned the names of Tofiq Murtala, PW1 and PW8 also hospital.
She said what was significant about this was that none of the witnesses who said the deceased mentioned the names of the accused persons including the wife of the late Adams at the time of the incident did not know Gregory Afoko and “are not acquaintances.”
This the Prosecutor said was also corroborated by the first accused person and that scenario actually have credence that it was A1 who committed the act.
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The prosecution said Evidence of PW1 was also that the deceased mentioned the name of Afoko and described the first accused saying “Afoko the Rasta” and the accused had other brothers, but his specific description as the one with the Rasta clearly showed that it was Gregory Afoko.
The Chief State Attorney said Asigri Quinn, PW2, also mentioned the names of Afoko and Asabke and said the deceased rolled down his glasses and spoke to them before the acid.
She said between PW2 and Afoko, there was nothing to show that they were not on good terms for which reason he will point him out.
According to the Prosecution, Zuwera Isaka, PW5 also mentioned the names of two to officers who helped him when they arrived at the hospital.
“The accused did not have any problems with PW1, PW2, PW5 and PW8 and all heard the names of the accused directly from the deceased,” she told the jury.
Hospital
While addressing the jury on why the prosecution did not call hospital officers who were said to be present when the late Adams mentioned names, she said the defense could not also call any of the doctors to prove otherwise.
“The doctors have heard the arrest of the two accused persons and if the deceased did not mention their names, they would have gone to the police to say they are wrong people.
He said, “As good citizens they (doctors) would have done that as good officers they did not want to get involved in this whole matter.”
“The question is why will only the two people’s names be mentioned?” She asked rhetorically.
“It is our case that the two poured the acid on him,” and “Thankfully there, was no evidence that the deceased was blind before his death, so he could see.”
She said, “The pathologist said it was possible the deceased saw the accused.”
“Another reason we urged you to believe the prosecution’s story is the witnesses who mentioned their names did not even know that A1 and A2 were together and A1 had even given A2 a lift on his motorbike.
“They did not know about the fact that they had met together and met at Lovers-Inn and discussed party matters.
“We are also saying that the testimony of PW6 showed that A1 caused the death of the deceased.”
Role of Asabke
While associating the same submission made by the PW1, PW2 aPW5 and PW8 to A2, the Prosecution said the manner he absconded point clearly that he had a hand in his death.
“He fled the country. He absconded leaving his wife and children and clearly shown that he was running from justice.
“He was aware his name was mentioned by the deceased and if genuinely and sincerely he had no role he wouldn’t have absconded,” the prosecution told the jury.
The Chief State Attorney said Asabke had told the police that he was on his way to the police station but did not tell them the reason.
“He didn’t say I have done something wrong neither did he tell the police that he was not involved,” she said.
According to the prosecution upon that assurance to the police, Asabke did not “report himself and the police never heard from him again and refused picking their calls.”
She said “this is not how an innocent person should act.”
She said Asabke was involved in the commission of the crime because he looked worried and run away.
“It is our submission that it is the accused persons who poured the acid on the deceased,” she noted.
The court presided over by Justice Afua Merley Wood, a Justice of the Court of Appeal, sitting as an additional High Court judge will sum up the trial on April 27 after which the jury will retire to return their verdict which would be binding on the court.