Another Line of Action for Sia’s Murder Trial
The State Prosecutor Yusuf Isaac Sesay in the ongoing preliminary investigation into the alleged murder of Sia Fatu Kamara by her boyfriend, Abdul Kpaka has requested for an adjournment on grounds that the State would like to take another line of action in the matter in the interest of serving justice.
He made this application before Magistrate Santigie Bangura of Pademba Road Court No. 2.
The accused, Abdul Kpaka was on his second appearance in court on one count charge of murder contrary to Section 1 of the Offences Against the Persons Act 2021 Act No. 6 of 2022.
Police alleged that Kpaka, on Tuesday, 13th August 2024 at Peninsula Road, Goderich in Freetown, murdered Sia Fatu Kamara.
Prosecutor Sesay, prior to the adjournment intimated the court that the State wants to take a different line of action on the matter and that that action, would be in the best interest of serving justice and will enhance a speedy trial.
He said the wheel of justice has to roll in a manner that either sides is satisfied in the circumstances requested for a date which he said the court will be well informed on the line of action that will ensure justice.
The Lead Defense Counsel, Julian Cole in response to the application for an adjournment recalled that the Prosecution had on the earlier adjourned date assured to bring forth their witness to proceed with the matter, reminding the Prosecution of the two sides of a justice system that includes the accused and the prosecution, pointing out that in the circumstance, the accused person’s liberty remains at stake.
He said that with the application for an adjournment it has taken the defense team aback, adding that the accused has been in detention for a very long time and they were in court expecting to proceed with the matter.
He expressed his dissatisfaction about the prosecution’s decision for an adjournment, adding that they had a week to have communicated to them before coming to court.
He however opposed to the application made by the State Counsel for an adjournment, pointing out that giving the circumstance, the prosecution is legally obliged to make progress on the matter. “Justice delayed, is justice denied,” he stated, and urged the prosecution to proceed with their case.
Magistrate Bangura having listened to both sides said though the nature of the matter demands speedy proceedings, but cannot force the prosecution to proceed with their case.
He said the law is clear on that as he cannot force the prosecution to proceed with their case if they are not ready. He however accorded the prosecution one more opportunity to adjourn the matter.
In the circumstances the matter was adjourned to the 9th September 2024 for further hearing whiles the accused was remanded in prison.