Accra, Nov. 25, GNA - An Accra Fast Track High Court on Thursday adjourned the case of two soldiers standing trial over the death of Alhaj= i Issa Mobilla, due to the absence of defence counsel when the case was called. Mr Thaddeus Sory, defence counsel had been in court in the morning b= ut left around 1230 hours because the prosecutor and presiding judge had not=

arrived.

He explained that the hearing notice he was served with did not indicate the time when the case would be called and had been in court sin= ce 0930 hours with the accused persons, Corporal Yaw Appiah and Private Eric=

Modzaka. Principal State Attorney, Ms Penelope Mammata came to court after th= e defence counsel had left.

When the case was called around 1400 hours, Mr Justice Senyo Dzamefe= , an Appeal Court Judge presiding over the case asked the accused persons about their counsel and they explained the situation to the court. The accused persons; Corporal Yaw Appiah and Private Eric Modzaka an= d their accomplice, Private Seth Goka, had been charged with conspiracy to murder and murdering Alhaji Mobilla. The State is yet to arrest Private Goka, an accomplice who is on th= e run. The pleas of Appiah and Modzaka were not taken at the last adjourne= d date following an objection raised by their counsel that it was unconstitutional for the court to continue to hear the matter since the trial judge had been elevated to the status of a Court of Appeal Judge. Prosecution's case is that the deceased, Former Northern Regional Chairman of Convention Peoples' Party until his death, was a transport owner and Chairman of Northern Regional Branch of Ghana Private Road Transport Union. It said on December 9, 2004, the deceased was arrested by the Polic= e for allegedly supplying the youth in Tamale with guns to foment trouble. While in custody, the Police allegedly received information that hi= s sympathisers were mobilising to free him.

The deceased was transferred from Police cells to the Kamina Milita= ry Barracks in Tamale and handed over to the two accused persons who searche= d, undressed and put him in the guard room. At about 2130 hours the same day, the Police received information t= hat Alhaji Mobilla, aka Issah Mohammed, had collapsed and died in cells.