An Appeals Court has overturned the conviction and life sentence of the former Assemblyman for Denkyira Obuasi, William Baah, who was found guilty of abetting the murder of Major Maxwell Adam Mahama in 2017.
In a landmark ruling, a three-member panel of the Court of Appeal unanimously found that the trial judge gravely misdirected the jury, leading to an unsafe guilty verdict for Baah.
Presiding Judge Justice Christopher Archer, whose lead judgment was supported by Justices Ernest Owusu-Dapaah and David Boafo, quashed the conviction on Tuesday. Justice Archer stated that the jury would not have returned a guilty verdict “if they had been properly directed.”
Court Cites Lack of Evidence and Legal Errors
The court identified several critical errors in the original trial. Central to its decision was the lack of evidence proving that Baah intentionally aided the crime.
“We are sad about the death of Major Maxwell Mahama but we have sworn judicial oaths, and justice demands more than public sentiments,” Justice Dr. Ernest Owusu-Dapaah stated while reading his supporting decision.
He emphasized that “abetment required intentional association,” and that “merely being associated with an offence was not sufficient.” The court found no direct evidence that Baah instructed the mob to arm themselves or to kill the military officer.
A major point of contention was the trial court’s reliance on the cautioned statements of two other accused persons, which implicated Baah. The Appeal Court ruled that such statements can only be used against the person who made them, not a co-accused, unless made in their presence. The judge was “bound to disregard the incriminating statements when directing the jury,” the court held.
Furthermore, the court found these statements to be “full of inconsistencies and suspicions.”
Background of the Case
Major Mahama was the commander of a military detachment stationed at Diaso to combat illegal mining. On May 29, 2017, while on a morning jog in civilian clothes with his sidearm visible, he was mistaken for an armed robber.
The prosecution had stated that after a woman spotted his weapon, she alerted Assemblyman William Baah. Without verifying the information, Baah was accused of mobilizing a mob that attacked, killed, and partially burned the soldier’s body.
Baah was one of 12 people convicted and sentenced to life imprisonment in January of last year by the High Court, presided over by Justice Mariama Owusu.
With this Appeal Court ruling, William Baah has been acquitted and is to be released. The convictions of the other individuals are understood to be subject to separate appeals.