Criminal Law is underpinned by ethical and political principles designed to ensure both justice to the individual and the protection of the community the individual inhabits. Thus, if the mechanical application of a given rule to the fact situation acquits a dangerous/ wicked person or convicts someone neither blameworthy nor dangerous according to ordinary standard, then the Law is wrong.
However much that the court of public opinion once again was served with a ‘flavored meal’ by Information Minister on Monday 28 January; the news, on the apprehension by police of the other suspect Asabke Alandisi in the murder of Adams Mahama went viral,against the backdrop that the Gregory Afoko trial which had lasted about four years had barely one month to end. It is important to establish how/ what method the prosecutors used to make Asabke a suspect ?
From available and unimpeachable records, it is worthy to note that, Gregory’s narration about the activities he had engaged in the previous night was the lead the Police authorities based on, to indict Asabke as a suspect. Nothing, reasonably sufficient to link him causally to the murder. In his evidence in chief below, it is quite obvious that the Police/ Prosecutors did not do a reasonably professional work rather allowed themselves their good sense to be distracted from making objective traces to the real killers of Adams. That notwithstanding, reading these excerpts from the courts in the cross examination of Gregory, it would occur to any sober person that the Police /Prosecutors are only a fishing expedition.
Gregory made the following assertions :
“Question. Yesterday you told the court that on 20/5/15 you and Asabke met at a drinking spot and when you were there you were joined by PW 5 and PW6. Is that not so?
Answer. No. What I said was this. I said myself, Asabke and PW5 were seated a table. I did not know PW6, they knew him and they invited him to join us because all of them are living in the same area.
Q. You will agree with me that you were sitting in a drinking spot as you told the court yesterday.
A. We were not sitting at the drinking spot. We were outside.
Q. But you will agree with that where you were sitting forms part of the drinking spot.
A. In my opinion it formed part of PW5’s house.
Q. In your evidence-in-chief yesterday you told the court that you bought beers for PW5, PW6 and Asabke. Is that not so?
A. That is so.
Q. Where did you buy the beer from?
A. From the drinking spot.
Q. At what time did you and Asabke arrive at the drinking spot?
A. I cannot recollect the exact time because I have to go back home to administer medicine to my sick father. I had no time to waste outside.
Q. In your evidence-in-chief yesterday you told the court that you finished eating around 6:30pm and you left your house to meet some of your party members. So it was from there that you went to the drinking spot. Is that not so?
A. No. I said I had finished feeding my dad at about 6:30pm, then I took my motorbike knowing where they were, I went straight to their place because we communicated on phone which would not take me ten minutes from my house.
Q. So from what you have said you arrived at the drinking spot at about 6:40pm. Is that not so?
A. Yes. You can take it so.
Q. I know you and the others who were with you took some drinks at the drinking spot. But apart from the drink what was your main purpose of meeting at the drinking spot?
A. My purpose of going there was to hand over two party flags to PW5.
Q. What is the name of the drinking spot?
A. I don’t know.
Q. At what time did you leave the drinking spot?
A. I can’t tell the exact time because when I got there I bought them a bottle of drink each. After they finished drinking the first bottle PW6 was then invited. When he sat down after exchanging greetings I ordered for another set of drinks for them. There I realised that time was running out so I left.
Q. In your evidence-in-chief yesterday you told the court that you reached home at exactly 8:00pm after having left the drinking spot. Is that not so?
A. So I said, because after locking my motorbike I went into the room and checked on my watch for me to know the exact time so that I could give the medicine that is when I saw on my watch it was 8:00pm.
Q. From this you can tell the court the time you left the drinking spot.
A. I cannot.
Q. I put it to you that you and the three others namely: Asabke, PW5 and PW6 sat at the drinking spot up to about 11:00pm that night.
A. It is not true.
Q. I further put it to you that you all left the drinking spot together.
A. It is not true.
Q. Tell the court how the four of you dispersed from the drinking spot.
A. After buying the second around of drinks for the three of them I realised I was getting late in going home so I good bye them. When I sat on my motorbike Asabke said he would like to drop at their junction so he picked his bottle of beer sat behind me and I went off. Meanwhile, the drinking spot was at PW5’s house so I don’t know how they left.
Q. I put it to you that all the four of you, yourself, Asabke, PW5 and PW6, you all left the drinking spot at the same time at about 11pm.
A. No. I don’t stay out at that time.
Q. I further put it to you that on that fateful day because you had a hidden agenda you stayed up in the night up to about 11pm or thereafter.
A. It is not true.
Q. I put it to you that it is not true that you arrived at the drinking spot with PW5. That you and Asabke were already at the drinking spot when you invited PW5 to join you.
A. No. It is not true.
Q. Tell the court at what time you went to bed on that fateful day.
A. Immediately I administer the medicine I do not go anywhere. I stay in the room because the Oldman may urinate on himself and I have to clean him.
Q. On that fateful day, when you arrived home from the drinking spot at what time did you go to bed?
A. Soon after I arrived home around 8:00pm.
Q. Let us take it that you went to bed around 8:30pm.
A. 8:30pm would be too much.
Q. What do you mean by it would be too much?
A. Because I intermittently wake up to check on my father.
Q. It means that day you slept earlier than 8:30pm.
A. After administering the medicine I locked the door and retired to bed.
Q. I put it to you that it is not true that on that fateful day you arrived home at 8:00pm.
A. It is not true.
Q. I will further put it to you that on that fateful day you did not sleep soon after 8pm.
A It is not true.
Q. I put it to you that as late as 11pm, you were at the drinking spot together with Asabke, PW5 and PW6.
A. It is not true.
Q. Yesterday you told the court that when you left the drinking spot you picked Asabke on your motorbike and dropped him by the junction. Is that not so?
A. Yes.
Q. Which junction are you referring to?
A. The junction to Asabke’s house.
Q. I put it to you that you did not drop Asabke at any junction but you dropped him in his house at Tanzui.
A. It is not true.
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