After the prosecuting counsel replied to a no-case submission filed by the defense, in a preliminary investigation into the alleged murder of a student at the University of Makeni (UNIMAK), Magistrate Sahr Kekura presiding the Pademba Road Court No. I on Wednesday committed the matter to the High Court for proper trial.
According to the police, the accused person, Elizabeth Judith Kanu, on Monday, September 6, 2021, at UNIMAK Fatima Campus hostel, Makeni, murdered Sonia Mary Thomas.
The accused, Kanu, is charged with murder contrary to law.
Before committed the matter to the High Court, Magistrate Kekura disclosed that the prosecution, in a bid to prove its case, led 8 witnesses, including a formal witness and a Scene of Crime Office who tendered various exhibits in respect of the matter.
He said that these witnesses were also cross-examined by the Defense Lawyer J. M. Jengo. Thereafter, the prosecution closed its case.
Magistrate Kekura noted that at the Magistrate Court level, his duty is to examine the evidence adduced before the Court in its entirety, adding that if the prosecution adduced sufficient evidence, he will commit the matter to the High Court pursuant to Section 116 of the Criminal Procedure Act No. 32 of 1965; but if the prosecution failed to do so he will discharged the matter pursuant to Section 118 of the same Act.
Magistrate Kekura further called on the attention of the defense, when he noted that the prosecution, at this stage is not obliged to prove its case beyond reasonable doubt, noting it is a preliminary investigation.
Among the many witnesses which the prosecution led, Magistrate Kekura noted that the 1st and 2nd prosecution witnesses, in their testimony, revealed that the accused and the deceased had confrontation and physical contact. He said both statements of the witnesses corroborated.
He also mentioned that the cause of death certificate indicated that the deceased died of blunt force, fracture, injuries on the neck, several physical assault which he said convinced him that the prosecution has led sufficient evidence against the accused.
He, therefore, committed the matter to the High Court for trial pursuant to Section 118 of the Criminal Procedure Act No. 32 of 1965, while the accused remains in remand.
By Fatima Kpaka