By Janet A. Sesay
An application made by defence for the court not to accept his clients’ statements in evidence has been rejected by the presiding judge, Justice Komba Kamanda of the High Court of Sierra Leone.
The statements in contention were the ones the sixth accused, Hassan Leigh made to the police and wanted them off from the court records as shown by the defence’s application.
Justice Komba Kamanda, in his ruling, said the accused was shown his statements which he confirmed that they were his, and were also read to him in krio given the opportunity to cross-examine the witness.
While at the police station, the judge went on, the accused was allowed to get a lawyer but refused.
“Accused has cross-examined the witness and his statements have been tendered in evidence,” Justice Komba Kamanda ruled in favour of the prosecution.
The Learned judge agrees with state counsel’s key submission that the defence’s application was “a novelty and an afterthought.” It was a heated debate between the defence and the prosecution before the ruling was handed down.
Defence counsel Bangura who is representing the accused made the application on the grounds the statements had been denied by his client.
He argued that the accused was uneducated and unrepresented while the statements were obtained from him at the Criminal Investigation Department (CID).
“The accused made it clear in court that the statements read by witness is not the ones that he made to the police,” defence counsel reminded the court adding that he made the application then because the accused was also initially legally unrepresented.
“The application will ensure a fair trial,” he emphasised.
He referenced the case of Mannah Lahai, Mohamed Kamara against Edward Lamboi dated 12 March, 2020, adding that such application was granted.
Justice, he said, would be done to the sixth accused if the application was granted.
Responding to the defence’s submission, state counsel Ahmed James Bockarie said the application was a novelty and it came as an afterthought.
He said sufficient time was given to the accused, Hassan Leigh to cross-examine the witness and never said the portion of the statements of Bai Mamoud Bangura was not made by him.
Counsel Bockarie further stated that the accused told the court that he was called by head of CID to confirm his statements he made and answered that he made them.
He said the process of the law was that investigation had been done and the statements already tendered in evidence adding that fair hearing could be raised at any time the accused was given the opportunity to cross- examine a witness.
He said the accused, before obtaining statements, from him at the police station was asked to get a lawyer, but said he was comfortable without legal representation.
State counsel further argued that the yardstick used by the defence counsel that the accused was uneducated and the statements should be discountenanced was not supported by law.
“The accused listened to the evidence led against him in krio the language that he understood,” Counsel Bockarie summed it up.