Principal Magistrate, Hannah Bonnie of Court No.1 on Pademba Road, Freetown, has on Tuesday June 23, 2020 withdrawn the file involving six accused persons that were answering to the allegations of 16 charges including the kidnapping of a police officer.
Magistrate Bonnie withdrew the file after a no case submission had been made by defense counsel Boniface S. Kamara Esq.
Lawyer B.S. Kamara in his submission stated that the prosecution did not to bring the principal complainant to testify in the matter and had therefore not been able to prove the case beyond reasonable doubts. He contended that the first prosecution witness in his testimony in-chief had said that except for the first and second accused, the third, fourth, fifth and sixth accused were not present at the scene on the day of the alleged incident, and he could not identify the remaining suspects if he saw them.
Defense counsel Boniface Kamara said the prosecution has helped the defense by vindicating the third to sixth accused from answering to the allegations before them because they had not been identified in the testimony of the witness as persons involved in the incident.
He also argued that the prosecution had failed to prove their case because they had tendered a s evidence Voluntary Caution statements bearing the offence of murder, but the crime of murder was not included among those in the charge statements that had been tendered in evidence against the accused persons. He contends that the VCS and offences before the court are at variance. He added that the accused persons were not investigated by the prosecution for the offences for which they were brought to court.
Kamara said that the Criminal Procedure of Act of 1965 and the rules of Evidence provides that accused persons be told which offences they are being investigated on, but the prosecution failed to do that.
The defense argued that the police investigations had been ineffective and should therefore end in nullity.
Lawyer Kamara agrees that the accused persons are standing trial on some of the offences in the charge sheet but the prosecution has failed to prove an iota of those offences especially that of kidnapping.
He added that the prosecution in its attempt to prove the case have also failed because the exhibits tendered in court has no bearing on the matter, because the prosecution was unable to link not even one of the accused person to the exhibits.
Lawyer Kamara submitted that all the accused persons should be acquitted and discharged on all charges.
The prosecutor, A.S.P. Ibrahim S. Mansaray, in his counter argument contended that they had provided sufficient evidence, because they had called on seven witnesses including the exhibit clerk to testify in the preliminary investigations for the offences of conspiracy to commit riotous conduct, kidnapping, wounding with intent, wounding and assault for which the accused persons are charged.
A.S.P Mansaray admitted that offence of murder was not before the court before the court, it is but it is possible for an accused person to be investigated on a particular offence and end up being charged on similar offences.
He submitted that the prosecution was able to adduce sufficient evidence to warrant the committal of the matter involving all the accused persons to the High Court for trial.
After the submissions and reply by defense counsel and the prosecutor, Principal Magistrate Hannah Bonnie withdrew the file for ruling.
The six accused persons, Emmanuel Gbla, David Gbla, Mohamed Gbla, Alie Kamara, Abdul Bangura and Abdulai Kamara were being investigated for conspiring, kidnapping, intentionally wounding, assaulting, resisting police arrest and maliciously damaging two side mirror of a police Vehicle and and carrying offensive weapons, on Tuesday March 17, 2020, at Mamanoh Village, in the Mamutamasoyoh Chiefdom, Tonkolili district. The height of their alleged criminal acts was the unlawful taking and carry away of detective Sergeant 7864 Nathaniel Lamin.
The matter was adjourned to Friday June 26, 2020 when it is expected that the learned Principal Magistrate will rule whether there is sufficient evidence against the accused persons to warrant a trial.
By Isabella Cassell
25/6/2020. ISSUE NO.: 7853