By Musa Paul Feika
Julian Cole, who is defending 46 year old Charles Robert, has accused Magistrate Hadiru Daboh of the Ross Road Magistrate Court No.3 in Freetown of weakening his cross-examination and being too confrontational with him.
He said this during his cross examination of the formal witness, Detective Sergeant 10454, (Ferewah Sesay). He added that, in any criminal matter, more especially murder, the defence should be given the opportunity to conduct his/her cross examination.
According to him, the bench has no power to guide the defence as to how he/she should conduct his cross examination. At this juncture, Magistrate Daboh ordered the defence counsel (Julian Cole) to withdraw his statement, but the defence counsel said he could not.
After the peaceful conduct of his cross examination, Magistrate Daboh told Julian Cole not to be afraid of the bench, adding that he was always welcomed.
The accused is arraigned before the court for the offence of murder, which is contrary to law. Mr Cole had earlier applied for the prosecution to make available copies of statements made by the witness or witnesses during the course of the investigation.
The defence counsel made this application pursuant to Section 23, Paragraph B of the Constitution of Sierra Leone, Act No. 6 of 1991. It reads that every person charged with an offence shall be given the adequate time and facilities for the preparation of his/her defence.
Lawyer Cole also mentioned Sections 4 and 5 of the Criminal Procedure Act of 1965. He further submitted that the combined effects of Sections 4 and 5 give the defence the opportunity to know what the witness or witnesses said in their previous statements they made to the police. This will make him know whether there were inconsistencies, or what they would be saying before the bench. His application was granted.
Magistrate Daboh ordered the police prosecutor, Sergeant 8534 Gibrilla Sesay, to make copies available to him. The accused was sent on remand and the matter was adjourned to 11th June 2021.