By Fatima Kpaka
The Case of murder and perversion of justice against Ikubolajeh Nicol has been committed to the high court for further trial by Magistrate Mark Ngegba of Pademba Road Court No1.
Magistrate Ngegba having heard the evidence of the prosecution witnesses and the no case submission made by defense counsel ruled that there is sufficient evidence for trial.
On Thursday, March 23, the State closed its case and the defense opened their no case submission. The former Skye Bank General Manager Ikubolaje Nicol is accused of conspiring with other persons unknown to murder Sinnah Kai Kargbo between 15th and 16th October 2022 at Leicester in the western area of Freetown.
On October 17, 2022, at the Criminal Investigation Department (CID), he is also alleged to have fabricated evidence with intent to pervert the course of justice.
Earlier on Friday, March 24, 2023, lead defense lawyer Roland Wright argued that even civil proceedings has a lower standard of prove when it comes to tendering documents, saying that the document that was tendered as death certificate was not marked as certified true copy, hence such document cannot be countenanced.
He therefore referred to the said document as an opinion rather than the fact.
Lead defense lawyer, Roland Wright opened his no case submission on Thursday, March 23, by expressing sincere sympathy to the bereaved family of Sinnah Kai Kargbo.
The prosecution, he said, absolutely failed to establish any offense whatsoever against Ikubolajeh Nicol.
The court, he reiterated, has not been officially informed that someone died due to the absence of a cause of death certificate.
But if the court decides to consider the documents before it, the very witnesses of the prosecution have discredited such with the testimony of the nurse who had said during cross-examination that patients who are taken into the ICU are those who are unconscious, as material evidence.
Where there’s strangulation, he said, the person dies between 5 -7 minutes. “Neither the doctor nor the nurse ever told the court that Sinnah had injuries,” he said. Nobody, he also said, screamed for help on the night of the said incident. He said there was also no mention of sexual activity.
As he was making those submissions, tears ran softly down the cheeks of the accused, Ikubolaje who appeared in his corporate attire.
To establish a case of murder, he said, a person should have die; the death should have been caused by another person; and the perpetrator should be the accused. No evidence, he said, connects the accused even his intention to the offense alleged.
“The only evidence before the court is that the accused was in a relationship with the deceased who were having fun the night of the incident. And there was no evidence of sexual intercourse.”
“The prosecution made no attempt whatsoever to contradict none-objective exhibits including call logs and testimonies that had been presented to the court.”
He also said that the prosecution did not show that the accused conspired with other person in the said act of murder and perversion of justice.
Lawyer Wright also submitted no evidence has been adduced that the accused acted in any manner that resulted to the death of the deceased.
The core witness of the prosecution, he said, corroborated how the deceased had the attack and was rushed to the hospital by the accused.
He said there has not been any explanation about the cause of death because the death certificate as tendered cannot be relied on in so far as the maker of the content has not been brought to testify in court. “The said document is a mere opinion which ought to be tested. So, the content of the death certificate must be disregarded,” he said.
He said there is also a total absence before the court that somebody died, adding that three witnesses had testified that the deceased was still alive on to the time she was taken into the hospital ward. The hospital, he argued, doesn’t take dead patients into their wards.
He said that the prosecution did not say there was a quarrel or a fight, but that all their witnesses said they met the deceased on the floor and they put a spoon in her mouth to prevent her from biting her tongue. That, the defense counsel, said defeats the case by the prosecution of strangulation.
The prosecution objected to that saying the defense cannot make a no case submission before the accused is put to his election. But that application by the prosecution was overruled.
In reply, state prosecutor AGM Bockarie said Mr. Wright was trying to give the court a jurisdiction which it doesn’t have in a preliminary investigation.
By law, he said, when evidence is inconsistent, the magistrate should commit the matter to higher court.
He said there are classical precedents of convicting a murder accused in the absence of a cause of death report.
Having listened to the reply by the state prosecutor, Magistrate Ngegba committed the matter to the high court for further trial.