The sixth accused person in the case in which some 14 persons are standing trial for the murder of the late Major Maxwell Mahama has admitted hitting the late soldier with a stick.

Joseph Appiah Kubi, while admitting to hitting the late military officer with a stick said he did it at the time the young soldier was “weak.”

He however denied the prosecution’s assertion that he smashed the young soldier also with a heavy cement block and stones despite showing videos of his actions at the crime scene in open court.

Under further scrutiny from the prosecution led by Mrs Frances Mullen Ansah, a Chief State Attorney contended that the accused together with the 13 others intentionally caused harm to the late soldier resulting in his death.

But, the accused said, though he hit the soldier with a stick, he did not hit him further with either a stone or a cement block, because it (the cement block) was heavy for him to lift it.

It was his case that he rather “attempted hitting Captain Mahama,” with a cement block, but couldn’t lift it.

When it was finally put to him by the prosecution that, he “acted together with other accused persons to intentionally cause harm to Captain Mahama which resulted in his death".

Appiah Kubi, the sixth Accused in his response said, “I didn’t act together with the other accused neither did we plan to cause harm to Major Mahama.”

The accused also told the court that Major Mahama was “weak” at the time he hits him with the stick.

According to EIB Network’s Legal Affairs Correspondent, Murtala Inusah, the audio-visual evidence of the crime scene showing the accused person and others assaulting the late soldier was played in open court as the sixth accused identified himself and the role he played.

The Case before Justice Mariama Owusu, a Justice of the Supreme Court, sitting with additional responsibility as a High Court judge has been adjourned to March 27, 2023, for the seven accused who has also mounted the witness box to continue with his Evidence-In-Chief (testimony).

Alleged murder

The young Military officer Major Mahama was killed at Denkyira Obuasi in the Central Region on May 29, 2017.

He was said to have been lynched during a morning walk that led him to Denkyira Obuasi.

A video recording of how he was supposedly lynched went viral on various social media platforms, sending shock waves to the public.

Fourteen people, including William Baah, are standing trial in connection with the death of the military officer.

Others are Bernard Asamoah, aka Daddy; Kofi Nyarko, aka Abortion; Akwasi Baah, Kwame Tuffour, Joseph Appiah Kubi and Michael Anim.

The rest are Bismark Donkor, John Bosie, Akwasi Baah, Charles Kwaning, Emmanuel Badu, Bismark Abanga and Kwadwo Anim.

They have all pleaded not guilty to charges ranging from murder, and abetment to murder and conspiracy to commit murder.

Facts

The facts, presented by the prosecution, were that Major Mahama was the commander of a military detachment stationed at Diaso in the Upper Denkyira West District in the Central Region to check illegal mining activities.

At 8 am on May 29, 2017, Major Mahama, wearing civilian clothes but with his sidearm, left his detachment base for a 20-kilometre jog.

At 9:25 a.m., the military officer got to the outskirts of Denkyira Obuasi, where several women were selling foodstuffs by the roadside.

He stopped to interact with the women and even bought some snails, which he left in their custody to be taken up on his return from jogging.

While he was taking out money from his pocket to pay for the snails, the woman from whom he had bought the snails and a few others saw his sidearm tucked to his waist.

Soon after he left, one of the women telephoned the assembly member for Denkyira Obuasi to report what they had seen.

“Without verifying the information, the assembly member mobilized the accused persons and others, some now at large, to attack the military officer,” the prosecution stated.

It added that the mob met Major Mahama near the Denkyira Obuasi cemetery and, without allowing him to explain and identify himself, “attacked him with implements such as clubs, cement blocks and machetes, killed him and burnt a portion of his body”.