Defense Lawyers in the mini trial of the alleged murder case of the late major Maxwell Mahama say their client’s constitutional rights were infringed upon when investigators did not allow them access to their lawyers before their statements were taken.
At the Criminal Division of the Accra High Court, the lawyers who took turns to cross examine the prosecution witness from the Nsawam Security Prisons, Francis Aidoo, asked why their client’s statement was taken without consulting them.
This was after Lawyer Bernard Shaw asked the witness specific duties and roles of an independent witness.
The witness answered by saying that witness statements are taken from suspects independently and his role is to ensure that the suspect is not molested, and that they give their statements at their own free will and it is read to them in a language that they understand.
Mr. Aidoo told the court that he didn’t know the suspect had lawyers when their statements were taken.
Lawyer Theophilus Donkor also in his cross examination put it to the witness that his client had a lawyer who engaged him fully but the witness said the suspect did not tell them when his statement was taken.
When asked whether he acted as an independent witness for the ninth accused person John Botsey, answered in the affirmative.
He was also asked whether he was present throughout the taking of the statement and when the investigator finished taking the statement he endorsed it.
The witness told the court that he signed the statement after the suspect had affirmed it before handing everything over to Chief Inspector Samuel Agyakwa.
Cross examination continues on the fifth of next month.
