By Fatima Kpaka
Justice Alhaji Momoh Jah Stevens has on Tuesday June 11, 2024 summoned the medical superintendent of the Correctional Facility on Pa Demba Road, Dr. Tamba T. Lebbie to explain to the court the health condition of Ikubolaje Nicol, the former Skye Bank Manager who is standing trial for the death of Sinnah Kai Kargbo a work colleague of the same Bank.
This order came after State Counsel Aruna Jalloh applied for the accused to be returned to prison and continue his medication because the correction service had failed to complied with an order of the court to be giving updates on the health of the accused every fortnight.
According to him the Correctional Service had not been compliant with that said order from the judge dated 14th May 2024. In the circumstance he applied for the accused to be returned to the Pa Demba road prison pending all other medical report.
Defense lawyer Anrite C. Thompson in reply opposed to the application made by the prosecution on the following grounds:
that the order of the court had been fully complied with by the Correctional Service, by two letters which were address to the court, both dated 27th May 2024.
The first letter he said was from the medical superintendent of the Correctional Service to the learned judge, title: Report on the Accused Ikubolaje Nicol age 48 Years. The letter was a full report pursuant to the court order on 14th May 2024 and had complied with the order defense counsel Thompson commented.
He added that after the order on 27th May 2024, the next was due on the 11th of June 2024.
The order of the court he said had been duly complied with and it sufficed to say that the only way the court could know of the status of the accused’s health is through the reports which he said is an obligation of the Correctional Service.
In conclusion Thompson stated that the last report showed that the accused was still in a very precarious health situation and it was for the court to be updated again by another report as to whether the condition had been improved or not.
He asserted that State Counsel Aruna Jalloh’s submission that there had not been any compliance with the order of the court must be completely rejected as there had been strict compliance with the judge’s orders.
Justice Alhaji Momoh Jah Stevens made an order for a subpoena to be served on Dr. Tamba T. Lebbie to come and explained in simple language the medical recommendation relating to the health of the accused Ikubolaje Nicol: telling the circumstance which gives reasons why the accused should not be hospitalized at the Correctional Center with same medical attention as other inmates.
He also cautioned the Correctional Officers that no other doctor or nurse is allowed to see the accused persons, unless doctor Lebbie, the authorized medical superintendent of the Correctional Facility.
The matter comes up next on Friday 14th June 2024.