A private legal practitioner, Kofi Diaba has indicated that the 12-year-old boy arrested in connection with the lynching of Major Maxwell Adam Mahama cannot stand trial.

Speaking on Accra-based 3FM, lawyer Diaba explained 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.

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The lawyer further indicated that per the law that protects minors, their parents are expected to be present before they could be interrogated by the police.

“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,” he explained.

Maxwell Adam Mahama was lynched on Monday, May 29, 2017 by residents of Denkyira Obuasi on suspicion that he was an armed robber.