SUHUM CASE: COURT FREES COP, 2 SOLDIERS ...State to Appeal (PAGE 3)

A HIGH Court at Koforidua yesterday acquitted and discharged two soldiers and a policeman who were tried over the death of a mini bus driver, one George Atua, alias Maclean, at Suhum on August 3, last year.
The three — Lance Corporal Kwasi Dagadu, the policeman, Corporal Ibrahim Bukari and Staff Sergeant Robert Adama, the soldiers — who were charged with conspiracy and murder, pleaded not guilty while another policeman, General Constable David Darko, said to be an accomplice, is on the run.
As soon as the judge, Justice Francis Mieza Anyimah, pronounced judgement, the relatives of the late Atua, particularly the mother, Madam Akosua Takyiwa, started weeping uncontrollably.
Mr Anthony Gyambiby, a Chief State Attorney, who led a four-man prosecution team, told the Daily Graphic outside the courtroom that the state would appeal against the verdict.
In all seven prosecution witnesses came to testify in the case, which started in March this year, with most of them telling the court that they saw the accused persons assaulting Atua.
Just before the seven-member jury retired to decide the fate of the accused persons at yesterday’s sitting, Justice Mieza Anyimah gave the members the directions of the court and told them to come out with proofs beyond all reasonable doubt or proofs that all or any of the accused persons caused the death of Atua.
Summing up, Justice Mieza Anyimah referred to similar cases in the Ghana Law Report and said Atua had actually died and that the cause of his death was unnatural.
He, therefore, asked the jury to examine the whole issue, taking into consideration facts of the case as presented to the court and come out with its verdict.
The jury after retiring for almost 45 minutes came with a unanimous verdict declaring all the three accused persons not guilty after which the judge set them free.
Presenting the facts of the case at an earlier sitting, Mr Gyambiby told the court that on August 3, last year at about 7 p.m. the three accused persons together with four others on a joint military/police patrol driving in a police vehicle from Kyebi were overtaken by a Hyundai mini bus with registration number GR 3690 M being driven by the late Atua.
He said when the patrol team signalled Atua to stop, he did not and drove away after which the patrol team chased him and managed to arrest him at Ayekotse, a suburb of Suhum, where they severely beat him, hitting him several times with their guns.
According to Mr Gyambiby, the accused first sent Atua who was very weak to the Suhum Police Station and then to the Suhum Government Hospital where he was pronounced dead.
He said a doctor’s report indicated that Atua died from assault.