Assemblyman Acquitted Over Major Mahama Murder

FREED! William Baah

 

Christmas came early for William Baah, the former Assemblyman for Denkyira Obuasi in the Central Region, who was accused of abetting the gruesome murder of Major Maxwell Adams Mahama in 2017, as he has been acquitted by the Court of Appeal.

William Baah was sentenced to life imprisonment last year after a seven-member jury found him guilty of the offence of abetment of murder.

The prosecution had alleged that he mobilised some youth of the area to assault the late soldier who was mistaken for an armed robber, resulting in his death and his body partially burnt by his assailants.

William Baah was one of 12 persons to have been found guilty of abetment, conspiracy and murder of the late soldier.

But his lawyer, George Bernard Shaw, challenged the conviction and sentencing on ground that the trial judge, Justice Mariama Owusu, a Supreme Court judge sitting with additional responsibility as a High Court judge, did not properly direct the jury in her summary, leading the jury to return the guilty verdict.

It was his case that, had the judge properly explained the crime of abetment and the role the accused allegedly played, the jury could not have found him guilty.

The Court of Appeal, in its decision yesterday, unanimously held that there was no direct evidence that William Baah gave any instruction or armed the other convicts to attack Major Mahama, leading to his death.

The court was of the opinion that the jury would not have returned a verdict of guilt if they had been properly directed by the trial judge.

The court also held that abetment requires intentional association and that merely being associated does not suffice.

“Justice demands more than public sentiments… We’re sad about the death but we have judicial oaths,” the court added while quashing the conviction and setting aside the sentencing.

William Baah, who was wearing a white shirt and a pair of black trousers, was overwhelmed with emotion and broke down in tears just after the decision of the Court of Appeal.

He quickly took out a white handkerchief and muttered few words while bowing down following the decision.

 

Trial

After nearly seven (7) years of the gruesome lynching of the late Major Maxwell Adams Mahama by a mob in Denkyira Obuasi, 12 persons were found guilty of abetment, conspiracy and murder of the late soldier in January last year.

Major Mahama was the captain of the 31-member military team sent to the town to guard the properties of C&G Mining Company as a result of illegal mining activities in the area.

He was mistaken for an armed robber by the town folks after a snail seller spotted his side arm, leading to the convicts brutally assaulting him and later setting fire to the body in making sure he was dead.

William Baah (now acquitted) and Bernard Asamoah, were found guilty for conspiracy to commit murder, while Kofi Nyame, Akwasi Baah, Kwame Tuffuor, Joseph Appiah Kubi, Michael Anim, John Boasie, Akwesi Asante, Charles Kwaning, Emmanuel Baidoo and Kwadzo Animah were found guilty of conspiracy to commit murder and the substantive charge of murder by a seven-member jury yesterday.

The court, presided over by Justice Mariama Owusu, a Justice of the Supreme Court sitting as an additional High Court judge, convicted the 12 and sentenced them to life imprisonment instead of death sentence as a result of the amendment to the Criminal Act which abolished the death sentence.

Bismarck Donkor and Bismarck Abanga, who were facing conspiracy to commit murder charge, were acquitted and discharged following a not-guilty verdict by the jury.

 

BY Gibril Abdul Razak

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