Counsel for the 22 people arrested over the killing of Major Maxwell Adam Mahama claims that the Assembly Member for Denkyira Obuasi, William Baah, who is alleged to have masterminded the killing, is innocent.

Mr George Bernard Shaw said Baah did not take part in the alleged lynching of the military officer.

“The assembly member did not conspire with the other accused persons to cause Major Mahama’s death. The facts of the case, as presented by the prosecution, do not reflect what exactly happened,’’ he said.

He made the claim during the hearing of the case at the Accra Central District court on Monday.

READ ALSO: Let's forgive Major Mahama killers, evangelist says

He subsequently rejected the charge of conspiracy to commit murder levelled against the accused, describing it as “improper charge’’.

The presiding magistrate, Mr Joshua Caleb Abaidoo however, stopped the lawyer from advancing his line of argument, saying that the court was still awaiting the the Attorney-General’s (A-G’s) advice on the case.

The judge told counsel that the accused had not been officially charged, adding: “I don’t really see where this is coming from.’’

READ ALSO: Assemblyman who allegedly incited soldier's murder busted

The prosecutor, Deputy Superintendent of Police (DSP) Mr George Amegah, had earlier pleaded with the court to stop counsel from going into the merits of the case.

“We have come before this court for committal and, therefore, counsel should not go into the merits until the trial because if we allege, we must prove,’’ he said.

Meanwhile, at the hearing, the prosecution, with the permission of the court, amended the charge sheet to accommodate the two new accused persons, Bismarck Abanga and Emmanuel Baidoo, who were arrested recently.

All the accused persons have been provisionally charged with murder and conspiracy to commit murder.

The case was adjourned to October 10, 2017.