Nana Yaw Osei reports:
The Gregory Afoko murder trial, in the words of the Chief State Attorney, Matthew Amponsah Esq., ” …is a high profile case, has national interest and security implications.”
Flowing from the above, one would have thought that the publicity given to Gregory’s arrest and the court’s refusal to grant him bail, the largely hypocritical Ghanaian media as far as the Gregory issue is concerned, would have found his trial subsequently equally newsworthy to cover same for the benefit of the public they helped to misinform.
The media gave space to all manner of persons to spew falsehood about the matter and found Gregory guilty even before he was put before a proper court. Now that the trial is on-going, the media has turned deaf ears to it.
Ghanaians must know what is happening in court with respect to the Gregory Afoko murder trial. The world must know.
Effective today, June 8, 2017, I will bring to the attention of the public what is happening in the on-going trial of Gregory Afoko (The Republic Vrs Gregory Afoko), Suit No: CR 180/16.
EVIDENCE-IN-CHIEF OF PW1(Adams Mahama’s wife) ON 19/7/2016, 6/4/2017 AND 7/4/2017
(NB: The account below is traceable to the Court’s record.)
On 20/5/2015, my husband, Adams Mahama, left the house in his Toyota pick-up at 7:30am and returned the same day at 11:00pm and it was very dark because there was lights off. It was the lights of my husband’s car that illuminated the place.
My husband had left the house to inspect a hotel he was constructing for himself along the Bolga-Tamale road.
When he arrived in the house and was trying to park the pick-up, he was crying, lamenting in the car. He was crying that people should help him because he was dying. I was in the room.
I went to ask him in the Wala language why he was crying and he told me it was the younger brother of Paul Afoko, the politician, Gregory Afoko and one Asabke who poured some substance on his body. All this while, my husband was in his car shouting, crying, wailing and calling people that he was burning and dying.
Led in evidence by Matthew Amponsah Esq. this question and answer session ensued between him and PW1 (Adams Mahama’s wife)
Q. And what did u do?
A. I went and held him and brought him down from the car and he was still wailing.
I put my husband on the ground. The clothes he was wearing fell on the seat of the car and were beyond recognition as a result of the substance that was poured on him.
I went into the room and came back with a cloth to cover my husband’s nakedness. All this while he was still lying on the ground crying and wailing. I collected the remains of my husband’s clothes and put them in a rubber bag.
I suffered some burns on my arms and on my breast. I had to also go to the hospital for treatment. They gave me a medical report and some medicines and discharged me the same day.
My husband asked me to call one Thomas. I went and called the said Thomas but before he got there the body of my husband started burning so Thomas advised that we take him to the hospital which Zuwera and Mr. Quinn did. They sent him to the Bolga Central Hospital.
Question and answer between Matthew Amponsah Esq. and PW1:
Q. Because he was wailing other sympathisers came there.
A. Those who came to the house were Zuwera, Mariama and Mr. Quinn.
I followed up with Mariama in her car to the hospital and I found my husband at a hall at the hospital where they treat patients. Due to the nature of the substance, his body was burning and he was crying in pains.
BY COURT: When you say his body was burning what do you mean?
A. What I mean is that the body was peeling off and he was crying in pains.
When we got to the hospital we saw Zuwera and Mr. Quinn at where my husband was lying down.
My husband asked me to call Tofic Mutala who was not at the hospital at the time Mariama and myself got there, I called him on the telephone. Tofic came to the hospital. He worked for my husband and they were also friends.
When Tofic came to the hospital, he went to my husband and my husband told him, “I know I will die so when I die, take care of my children and my wife.”
My husband called me too and told me, “I know I will die, and that when I die those who killed me are Gregory and Asabke who poured a substance on me.”
After this, the police came to the hospital to visit my husband and to inspect the substance poured on him. I went with the police to the house at SSNIT Flats.
At the house we saw the dress of my husband, his shoes and then the gallon in which the substance was contained. I put them in a polythene bag and gave them to the police.
Later, the police drove me in their car to a house I never knew was the house of the accused person. They arrested the accused person and put him in the car. I remained in the car while they went to arrest the accused person.
After arresting the accused person, the police sent me back to the hospital and went away with the accused.
I was at the hospital for a while and one of my sisters asked me to go home and so I went home. At this point my husband’s condition was more serious.
The next morning about 8:30am my sister informed me that my husband had died.
The prosecution tendered in evidence the shirt, trousers and and shoes allegedly worn by the deceased before the substance was poured on him after same had been identified by PW1(Adams Mahama’s wife).
The prosecution also tendered in evidence a gallon that allegedly contained the substance that was allegedly poured on Adams Mahama!after same had been identified by PW1.
The prosecution again tendered in evidence pictures the police took of my burnt arms and breast after same had been identified by PW1.
BY COURT: PW1 shows the injuries at the breast and arm to the court, the defence, the jury and the prosecution.
PW1(Adams’s wife) ended her evidence-in-chief on 7/4/2017.
Pls, the cross-examination of PW1 will be published for your benefit.
*PART ONE OF THE CROSS-EXAMINATION OF PW1 (ADAMS MAHAMA’S WIFE) BY OSAFO BUABEN ESQ. LAWYER FOR GREGORY AFOKO ON 7/4/2017*
*Q. You will agree with me that the deceased came back home after 11:00pm in the night.*
*A. It was around 11:30pm.*
Q. From Ex-Tee Hotel to your house is a short distance.
A. Yes. It is not far.
Q. You don’t have a garage in your house. Am I right?
A. There is no garage.
Q. In fact, your house cannot accommodate a vehicle. It is not spacious enough.
A. The car park is in front of our door step.
Q. It was parked on the street in front of your house. Is that not so?
A. He parked the car right infront of the house.
Q. I am asking you that he parked on the street in front of your house. Is that not correct?
A. It is not a street. The car was parked right in front of our house.
Q. At the time that your deceased husband came to park the car in front of your house he was wailing and moaning and in pain because acid had been splashed on him. Is that not so?
*Q. So the splashing of the acid occurred outside your house when your deceased husband was on his way home.*
A. I was in the room when i heard him wailing. And I heard him also mention the names of those who had poured the acid on him.
Q. I am suggesting to you that the splashing of the acid occurred whilst your deceased husband was driving to your home.
A. The acid was poured on him in front of the house and he also mentioned the names of those who poured it on him.
Q. You claimed you were in your room when you heard your husband shouting. Is that right?
*Q. So you were not present to see anybody splashing acid on your husband.*
*A. I was in the room when I heard him wailing and also mentioned the names of those who had poured it on him.*
Q. Your husband the deceased was a well-built man. Am I right?
Q. You told the court in your evidence that you single-handedly pulled the deceased from his car to the ground when he was wailing that some people had splashed acid on him.
A. I am the only person who pulled him out of his car to the ground.
Q. You also told the court in your evidence that you removed the clothes of your deceased husband which was soaked with acid and covered him with a cloth.
A. Yes I did so.
*Q. Your fingers were involved in the pulling of the deceased from the vehicle to the ground as well as removing his clothes on that day.*
*A. I wore rubbers on my hand when I was pulling him out of the car.*
Q. What kind of rubbers did you wear?
A. This was an ordinary rubber.
*Q. Where are the rubbers that you wore on that day?*
*A. We left the rubbers on the floor where the deceased was lying.*
*Q. Are u saying the floor of your house?*
*A. Yes on the ground where the acid was poured on him.*
Q. You gave the police a gallon, you gave the police the clothes which you claimed you picked up from incident scene.
A. Yes I gave them to the police.
*Q. But you did not give the police the rubbers you claimed you used on that day?*
*A. Yes I did not give the rubbers to the police.*
Q. I am suggesting to you that you did not pull the deceased from any vehicle on that day.
A. I pulled him from the vehicle unto the ground that day.
Q. I am also suggesting to you that the deceased never informed you that the accused had splashed acid on him.
A. The deceased mentioned the name of the accused.
Q. You told the court that you put the clothes of the deceased in a polythene bag.
A. Yes my Lord.
*Q. And u sent the clothes in the polythene bag into your room.*
*A. I never entered the room with the bag. I left it at the scene.*
*Q. You put the items in the bag in the presence of the police. Am I right?*
*A. Yes the police were present when I put it into the polythene bag.*
*Q. You removed the clothes before calling neighbours for help.*
*A. No. The dresses were on him before I shouted for help.*
*Q. In removing the clothes was anybody else present?*
*A. The clothes had already fallen off the body of the deceased before the neighbours came to the scene.*
Q. There was no light or power in the vicinity at the time that the deceased came home and was sent to the hospital.
A. Yes there was lights off that day.
Q. Who gave you the gallon that you have identified?
A. We saw the gallon in front of our house.
Q. When did you see that gallon in front of your house?
A. On the very day the substance was poured on the deceased.
Q. Who did you see the gallon with in front of your house?
A. I did not know who brought it but on the day of the incident we saw it.
*Q. I am asking you, together with whom did you see the gallon?*
*A. I saw it alone.*
#to be continued#
PART TWO OF LAWYER OSAFO BUABEN’S CROSS-EXAMINATION OF PWI (ADAMS MAHAMA’S WIFE) ON 11/4/2017.
Q. You availed yourself of medical examination because you claimed you sustained burns from the acid. Is that not so?
A. Yes my Lord.
*Q. Before the medical examination did you report the matter to the police?*
*A. I reported to the police.*
Q. When was this?
A. The very day I suffered the burns.
Q. Did the police give you a medical report form to be given to the examining doctor?
A. Yes my Lord. The police gave me the medical report form.
Q. And that form was given to you the very day you reported the matter to the police.
A.Yes my Lord.
Q. Your deceased husband died on 21/5/15. Is that not so?
A. Yes my Lord. It is correct.
Q. Would I be right by saying that you reported to the police the same day 21/5/2015 on your alleged acid burns?
A. Yes and that very day the substance was poured on on my husband was the very day I reported to the police.
Q. And did you go to the hospital for examination on that same day?
A. Yes I went to hospital on that very day.
*Q. Would you be surprised to hear that your medical form issued by the police was on the 13/7/15, three months after the alleged incident?*
*A. Yes I went to the hospital on 13/7/15.*
*Q. You identified ID 5 series, the photographs of the PW1. None of the photographs shows your face on it.*
*A. I did not know why my face did not appear in the picture.*
*Q. In fact, there is no breast of a female in any of the ID 5 series.*
*A. It is the fault of the photographer.*
Q. Who was the photographer?
A. He was a policeman.
Q. You told the court at the last adjourned date that the deceased was a well-built man.
Q. And you single-handedly pulled him from the vehicle?
A. Yes my Lord. I pulled him alone.
Q. From your evidence, you allegedly did not suffer any burns on your left side. Am I right?
A. I did not suffer any injury on my left side.
*Q. Your deceased husband suffered severe burns of his body.*
*A. He sustained the injury on the entire body.*
*Q. In pulling him out of the vehicle your body allegedly made contact with his body. Am I right?*
*A. Yes my Lord.*
Q. I am suggesting it to you that you did not pull your deceased husband from the vehicle.
A. I pulled him out of the car.
*Q. I am further putting it to you that the scars which you showed to the court on your right breast and right arm are not as a result of any acid burns.*
*A. The injury I sustained was as a result of pulling him out of the car.*
Q. You allegedly pulled him out of the car before he allegedly told you that acid had been poured on him. Is that not so?
A. He was in the car and he told me so.
*Q. You claim you wore rubbers on your fingers before allegedly pulling him out of the car. Am I right?*
*A. Yes I wore rubbers on my fingers.*
*Q. Can you describe to the court how you pulled your deceased husband out of the vehicle?*
*A. I held him and pulled him.*
*Q. With both hands I suppose.*
Q. When did you deliver the gallon which you identified at the last adjourned date. When did you hand it over to the police?
A. The very day the acid was poured on him.
Q. That was before you left for the hospital?
A. That was after I came back from the hospital.
*Q. The gallon and clothes of the deceased were in your room as at the time you left for the hospital. Is that not so?*
*A. The clothes and the gallon were on the ground before I left for the hospital.*
Q. There were other persons in your house when the deceased was screaming and shouting before he was sent to the hospital. Am I right?
A. There was nobody in the house when he was sent to the hospital.
Q. Are there any children of the marriage between you and the deceased?
A. Yes my Lord.
Q. How many?
A. Four children.
Q. They all live in the same house with you and the deceased.
Q. Were the children in the house on the 20/5/15?
A. The children were in school.
Q. At the time of the incident were the children at home?
A. No. They were in school.
Q. Is it a boarding house?
Q. Apart from the children, yourself and the deceased, was anyone staying with you in your house?
A. No my Lord.
*Q. You told the court that you did not hand over any plastic cup to the police. Am.i right?*
*A. I never gave the police any cup except the gallon that I gave them.*
*Q. You also told the court that the gallon that you identified, you found it in front of your house.*
*A. Yes I found it in front of the house the very day the incident happened.*
Q. Would I be right in saying that you allegedly found the gallon in that darkness.
A. Because the light of the car was on I was able to see the gallon.
Q. Was the gallon in front of the vehicle or beside the vehicle?
A. In front of the car.
Q. At the time you allegedly pulled the deceased out of the vehicle the engine had stopped running.
A. The engine was still on.
Q. You told the court that your late husband parked the car right at your doorstep. Am I right?
A. Yes my Lord.
*Q. So the gallon was found by you right at your doorstep.*
*A. The very spot the acid was poured on him was where I found the gallon.*
*Q. Are u saying the acid was allegedly poured on the deceased in your house?*
*A. It was in the house and he also mentioned the name of the person.*
Q. You also told the court that you called Mutala Tofic with your phone.
Q. When was that?
A. On the day the acid was poured on him.
Q. Were you at home when you called Mutala Tofic?
A. I was at the hospital.
Q. Apart from Mutala Tofic, you did not call anybody else on your phone in relation to the incident. Is that not so?
A. Yes I never called anybody with my phone in relation to this incident.
*Q. In fact you told Mutala Tofic that somebody had poured acid on your late husband.*
*A. Yes I told him.*
*Q. You gave a statement to the police on this matter. Is that not so?*
*A. The police came to the house but did not write my statement.*
*Q. So would I be right in saying that throughout this case, you never gave a statement to the police?*
*A. No. I never gave a statement to the police.*
Q. Your deceased husband had two mobile network lines, MTN and Airtel. Am I right?
A. I cannot tell.
Q. From your evidence you had a phone. Is that not so?
A. Yes my Lord.
Q. During the lifetime of your deceased husband, you were communicating on your line. Is that not so?
A. Yes my Lord.
Q. What was your late husband’s network?
A. He was using Vodafone.
Q. At the hospital, your deceased husband was sent to the emergency ward.
A. Yes my Lord.
*Q. On the hospital bed, he had only a cloth around him. Am I right?*
*A. Yes. There was only one cloth on him.*
*Q. In fact that cloth is similar to the clothing the ID 5 series. Am I right?*
*A. The cloth on my late husband at the hospital is the same as the one in the ID 5 series.*
*Q. I am putting it to you that the person in the ID 5 series is your late husband who was well-built and not you.*
*A. I am the one in the photograph.*
#In my next post(Part Three) Osafo Buaben Esq. completes his cross-examination of PW1(Adams Mahama’s wife. Stay tuned in#
*PART THREE IS THE CONCLUDING PART OF LAWYER OSAFO BUABEN’S CROSS-EXAMINATION OF PW1 (ADAMS MAHAMA’S WIFE) ON 15/5/17*
Q. You told the court at the last adjourned date that you have a mobile phone. What type of mobile phone did you have at the time of the incident?
A. I have forgotten the type of phone I had.
Q. But at least you remember the particular netwotk?
A. Yes I used Vodafone.
Q. Was that phone the type that could record conversation?
A. I cannot tell.
Q. The late Adams was sent to the emergency ward of the Bolgatanga Regional Hospital on the day of the incident. I believe I am right.
A. No. it was the central hospital.
Q. At the hospital his bed was cordoned off, and visitors were not allowed near his bed. Is that not so?
A. I disagree. He was lying on the bed that anybody who entered could see him.
Q. You described his condition as critical and he was wailing and in pain at the time. Am I right?
Q. May I suggest to you that in that critical condition that the late Adams could not have engaged into(sic) conversation with anybody.
A. The deceased while lying on the bed spoke that day by mentioning the names of the accused persons, Gregory Afoko and Asabke that they poured the substance on him and that if he should die the accused persons were those who killed him. He mentioned the names of the accused persons at home and at the hospital.
Q. Your evidence that the deceased mentioned the name of the accused person and one other as being responsible for the pouring of the substance on him is not true. I am putting it to you.
A. It is correct. The deceased mentioned the names of accused persons both at home and at the hospital. He also said that Mr. Tofic should take care of his wife and children.
Q. At the hospital while the late Adams was on admission, there was always a nurse by his bedside. Is that not so?
A. Myself and the nurse had always been around.
Q. You got to the hospital several minutes after the late Adams had been admitted by the hospital authorities. Is that not so?
A. It is not correct. When he was sent to the hospital few minutes later I got there.
Q. You told the court that you accompanied the police back home and thereafter to the residence of the accused where the accused was arrested. Do you remember telling the court that?
A. Yes I remember.
Q. For how many hours were you with the police?
A. It was not too long a time.
*Q. But at least you left the bedside of the late Adams for some time.*
*A. I never left his bedside.*
Q. Your late husband was the Upper East Regional Chairman of the NPP.
Q. Are you aware that in his lifetime as a politician he once had a serious altercation with Joseph Adda of Novrongo?
A. I never heard that.
Q. Again, are you aware that the late Adams assaulted a few regional party executives?
A. It is not correct.
Q. Mr. Adams enjoyed using the air conditioner of his car while driving. Is that not so?
Q. This Tofic Mutala he was with your late husband Mr. Adams the whole day on the 20/5/15?
A. Mr. Adams and Tofic were at the construction site.
Q. The construction site shares a common boundary with Ex-Tee Hotel. Am I right?
A. Yes it is correct.
Q. The NPP meetings were held mainly at the Ex-Tee Hotel and subsequently in the private office of Mr. Adams at the construction site. Is that not so?
A. It is not correct.
Q. Can you tell us if you know when Mr. Adams parted ways with Tofic on 20/5/15?
Q. From your evidence, the last person to come over to the hospital on 20/5/15 when Adams was admitted was Tofic. Am I right?
A. It is not correct. After Tofic others came.
*Q. As a wife of a politician I believe you listen to radio a lot in Bolgatanga?*
Q. Have you heard a certain man called Daniel Bugri Naabu recently accusing two Ministers of State as being behind the death of your late husband?
A. I never heard that.
Q. I am putting it to you that the accused was never involved in the pouring of any substance on your late husband.
A. My late husband mentioned the names of Gregory Afoko and Asabke who is on the run. And it was because my husband saw them that was why he mentioned their names. If they did not do it why (sic) he mention their names.
A. I am further putting it to you that your deceased husband never mentioned the name of the accused as being responsible for the pouring of the substance on him.
A. He mentioned their names that is why I am saying it because if he did not I would not say it.
DEFENCE COUNSEL: That will be all for PW1.
COURT: Any re-examination?
REPUBLIC’S COUNSEL: No re-examination.
COURT: Any question from the jury?
*Q. The court will like to know whether you were equally admitted at the hospital looking at the magnitude of your injury.*
*A. I sustained injuries on my breast and my hand and I was treated and discharged.*
*Q. The court will like to know as you claim that you used your fingers in removing your husband from the car. Were your fingers injured in the course of that?*
*A. I wore rubbers on my fingers. I only sustained the injuries on my breast and arm.*
*Q. Was your husband’s mouth also affected by the substance poured on his face?*
*A. No, his mouth was not affected.*
FOREMAN: That will be all.
*Note that the foreman is the head of the jurors.
#NB: The next witness for the prosecution is Zuwera Issaka (PW2). Pls, wait for her evidence-in-chief(testimony) and the subsequent cross-examination#