12-yr-old boy can’t be tried in Maj. Mahama’s death – Lawyer

Capt. M. A. Mahama

Private legal practitioner, Kofi Diaba, says the 12-year-old boy arrested in connection with the lynching of Major Maxwell Adam Mahama cannot stand trial.

The police in the Ashanti region over the weekend arrested the boy at Manso Nkwanta and eight others including women for their alleged involvement in the soldier’s death.

Speaking with Stephen Anti on News Hour, on 3FM 92.7, lawyer Kofi Diaba said that persons under 18 years, in Ghana, are usually not charged with a crime.

“As far as the law is concerned, he cannot commit a crime. He does not have the intentions to commit a crime. I believe the best that may happen is the police may get some information from him through interrogation. But, he cannot stand trial,” he said.

Lawyer Kofi Diaba also indicated that per the law that protects minors, their parents are supposed to be present before the police could interrogate them when arrested.

A juvenile by our law is anybody below 18 years and there is a law that regulates them; known as the Juvenile Act, he stated.

“It [the Juvenile Act] says that when a juvenile is arrested, he/she has rights that must be protected. For instance, before he can be questioned the police must ensure that either his parents or a lawyer is present. If that’s not possible, a remand officer should be present to ensure the child’s right is protected.”

Major Mahama, then a captain, was lynched by a mob at Denkyira-Obuasi while on his morning jogging from Diaso, the capital of Upper Dekyira West District, where he was stationed as Commander of a military detachment against illegal mining.

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By Solomon Mensah|3FM|3news.com|Ghana