By Fatima Kpaka
Justice Adrian Fisher of the high court has on Thursday, August 31, 2023, sentenced Adama Bangura, a trader, to 12 years in prison for unlawfully killing Madiana Bockarie.
The Bangura was standing trial on one count of manslaughter contrary to law.
According to the charge sheet, the accused on November 7, 2017, in Freetown unlawfully killed Madiana Bockarie.
Prior to the sentencing, the state prosecutor S. C Kekura applied for an amendment of the indictment from murder to manslaughter. His application was made pursuant to section 148 Act No32 of 1965. His application was granted.
When the charge was read and explained to the convict, she pleaded guilty to the offence, noting that it was not intentional.
In a brief fact before the court, the prosecutor stated that the accused requested her money from the deceased to purchase some goods but accused refused to give to give the money.
So, an argument erupted between them that led to a fight. During the scuffle the accused pushed the deceased and she fell over.
The deceased was rushed to the 34 Military Hospital where she died two weeks later.
The prosecution is of the view that the deceased died as a result of the fight. The cause of death certificate shows that the deceased sustained blunt forced injury, spinal cord injury and dislocation of vertebrate.
According to the autopsy report, the deceased died as a result of the injury she sustained in her head.
Defense counsel Willietta Hughes pleaded with the bench to temper justice with mercy, noting that the accused is a young woman has been in prison for six years.
She added that at the time of the incident she was pregnant and gave birth to the child in prison and had three other children who relied on her.
She said the accused has not seen her children since she went to Jailed.
Lawyer Hughes said the accused is a first-time offender.
The accused and deceased, according to her, were friends and the life lost could not be replaced.
The accused in her allocutus pleaded with the judge to show mercy, noting that what she did was never intentional.
justice Fisher said he had listened carefully to the plea in mitigation by the defense and that of the accused, but the nature of the injury sustained by the deceased were extensive and do not correspond with a mere push as alleged by the accused.
He added that when the deceased went to the police station, she told the police that the accused kicked her repeatedly. He added that doctor’s report shows that she suffered severed injury.
That report, according to the judge, shows that it was not just a push but serious beaten.
”I also have to pay attention to the level of violence used. You need rehabilitation as to what violence can cause and that time needs to be spent in prison,” he said.
Justice Fisher however, sentenced the accused to 12 years imprisonment including the period she has spent on remand.