Accra, Dec. 10, GNA - The State on Thursday said the jury which would be empanelled for the trial of the alleged killers of the late Alhaji Issah Mobilla, former Northern Regional Chairman of the Convention's People Party, should be confined so that they are not influenced or prejudiced. Ms Penelope Mamattah, Principal State Attorney, said during the trial there was the need to ensure the safety of the jury hence they being confined so that they would not be influenced in any way. Private Eric Modzaka, Corporal Yaw Appiah, both in lawful custody, and Private Seth Goka, who is yet to be located, are being held for the death of Alhaji Mobilla.

They are facing a charge of conspiracy to murder and murdering Alhaji Mobilla.

The court is yet to take their pleas.

Meanwhile, Major Samuel Owusu, Acting Commanding Officer of the First Infantry Battalion, Michel Camp, told the court that after a diligent search they have not been able to trace "any accompanying instructions of the transfer of the accused persons from Tamale to Michel Camp". Moving a motion seeking the order of the court to order the Judicial Secretary to confine jury in the trial, Ms Mamattah contended that she feared for the safety of the Jury since there had been tension associated with the matter since 2004.

"The case is sensitive. There has been much talk in the media and suggestions from the public as to the mode of the trial. All these have generated controversy and tension since 2004.

"We need to ensure the safety of the jury which would be empanelled." She told the Accra Fast Track High Court that due the tension associated with the case in Tamale, the matter was referred to Accra adding they would want the minds of the jury to remain focused and free from media "trial" and ensure that justice was done to all at the end of the trial. "It is risky to wait until something happens; we want to act timeuosly; we don't want to take things for granted," she said.

Responding to a motion filed by Mr Thaddeus Sory, Counsel for the accused persons, Mr. Agyeman Duodu, another Principal State Attorney in the matter, opposed to the motion saying it was out of place for them to be provided with the names and particulars of the jury for investigations. Mr Duodu said the accused persons had the right to challenge three members of the jury without any reason.

He said: "Supplying the names and particulars of the jury had its attending risk."

The risks, he said, included intimidation or influence. According to him a diligent search would be done before the jury was empanelled.

Mr. Sory who represents the accused persons said the application to have the jury confined had no legal foundation so far as the rules of the Criminal Procedure were concerned.

He said the state had not been able to point out a single rule to warrant the granting of the application adding they had not established that the accused persons were linked to any of the jury. He expressed surprise at the state's concerns over media publications adding that it was impossible to blot out anything in the mind of the jury and questioned why the state should be concerned over media publications over the years.

Mr. Sory said it would be best for the court to order that hearings were conducted in camera or the media should be asked to be circumspect in their reports.

"To (confine) them means that they should not watch television, listen to calls on their mobile phones.

"The state should demonstrate how the sequestering would be done." The court presided over by Mr. Justice Senyo Dzamefe fixed December 17 to rule on the matter.

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 received information that his sympathizers and followers were mobilizing 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 Chief pathologist report revealed that Mobilla was sent to the hospital dead and he died from multiple wounds.