By Janet A. Sesay
N’tuma Mansaray a state nurse that was accused of killing her soldier husband at Murray Town Barrack by stabbing him with a knife, was on Monday, 11th March, 2024 at the High Court in Freetown was acquitted and discharged by Justice Sulaiman Bah after a majority decision of not guilty was made by eight of the ten jurors that were empaneled by the court to decide the matter.
The matter was prosecuted by State Counsel Umu Sumaray and lawyer Charlie Israel Williams was defending the matter.
Before the final verdict, the ten man jury after listening to the summing up made by the judge retired their seats to discussed on the matter and upon their return the foreman of the jury said they reached a unanimous decision, adding that six of the jurors found N’tuma Mansaray not guilty of the offense of murder and four founded her guilty.
Justice Bah said the agreement was not good and the foreman asked the judge to explain to them again on the offense of manslaughter, provocation and self-defence saying that these were the areas they were finding difficult to understand hence their unanimous decision.
After explaining to them again on those offences the jurors retired again to discuss and upon their return gave another unanimous decision where this time eight of them found N’tuma Mansaray not guilty of the offence of murder and two founded her guilty.
Justice Bah then stated that the majority carried the decision.
He said pursuant to section 203(4) of the criminal procedure Act no. 32 of 1965 the majority decision stands, and based on that section, he therefore acquitted and discharged N’tuma Mansaray for the offence of murder.
Before passing his verdict, justice Bah in his summing up said N’tuma Mansaray was arraigned before the court on a count charge of murder contrary to law.
He said the indictment stated that N’tuma Mansaray on Monday, 30th March, 2020 unlawfully killed Mamoud Mansaray.
He said the Prosecution called ten witnesses to testify in court including the government pathologist Dr. Simeon Owizz Koroma who said that the deceased died from of 4 centimetre stab wound.
Justice Bah furthered that Dr Owizz reported that the deceased also died due to haemorrhagic shock.
He said all the other witnesses said that when they entered the house during the incident they saw the deceased lying on the floor and N’tuma Mansaray was lying on top of him.
Justice Bah in continuation of his summing up said N’tuma Mansaray in her statement made in court said that she was a state registered nurse attached at the Lumley hospital.
She said the deceased Mamoud Mansara was her husband with whom she lived at the Murray town Barracks, and they are blessed with a girl child.
He said in 2020 she was admitted at the College of Medicine together with the deceased, and there they fell in love and got married.
The learned judge continued that N’tuma in her statement went on that two years after their marriage the deceased started misbehaving and he started sleeping out and she usually received calls from girlfriends of the deceased insulting her.
The judge said N’tuma told that whenever she spoke to the deceased about his misbehaviour he would assault her therefore she decided not to speak on that again hoping that he would change.
Madam Mansaray in her statement furthered that at one point in time the deceased was having issues with the Ministry of Health as he was issuing fake nursing certifications to nurses and had been collecting monies from them, adding that he was detained at the Youyi Building Police Post where she pleaded on his behalf and stood as surety for him when given bail.
The judge continued that N’tuma in her statement said she made several complaints to her mother and mother of the deceased about his behaviour, but he did not change.
She further explained to the court that on the day of the incident, she went to work as usual and returning home she collected her daughter from her mother and went home to prepare food for the family.
She said at 5 pm she was at home when two ladies came asking for the deceased and she told them that he was not at home.
She told the court that the deceased had to pay them as he issued fake nursing certifications to them, telling them to report the matter at the Cockerill headquarters and they left.
She said after the ladies had left she then called the deceased on his phone and expressed her dissatisfaction about what the ladies had said, alleging that the deceased said that he would kill her when he got home.
She said after dropping the call she called her mother and mother in law that he was going to make a report at the Congo Cross Police Station about the threatening remarks made by the deceased, but her mother frowned at the decision and she decided to stay home.
N’tuma Mansaray in her statement to the court furthered that when the deceased arrived he was hot tempered and she closed the door before him, preventing him from entering the house since that was what she always did when they had a quarrel until he cooled down thinking it was going to be the same process.
She said she was inside when she heard the deceased asking for cutlass to open the door and after a while the deceased broke the door and gained access to the house.
She said the deceased started abusing her and started beating her causing her to rush inside the room where their daughter was lying, but still the deceased followed her and continued beating her leading her to fall to the floor, adding that she was trying to get up when the deceased slapped her, and again she fell to the ground from where she was crying together with her daughter.
She said the deceased then told her that he was wasting her time and he went to the kitchen and took a knife, and she rushed to the parlour and took the bread knife that was on top of the freezer.
She said the deceased tried to make an advance at her telling her that her mother was going to wear black, adding that she ran to the other end of the room where the deceased rushed at her trying to stab her but she push him. While doing so she said the knife she was holding pierced the deceased and he fell on the floor and then she started shouting for help.
She said she ran outside the room to the parlour but the door was locked and did not know where the key was, hence the neighbours broke the door and they entered the house.
She said they were trying to take the deceased to the hospital but the slow pace led the deceased to start pleading for help.
She said she was taken to the Congo Cross Police Station and she handed over her child to her family members after which she was detained.
She said she was still praying for her husband to survive but later got the news that he was dead.
After reading the statements made by N’tuma Mansaray in court, the learned judge said that exhibit F was tendered in court, which is the WhatsApp messages and audios retrieved from the deceased’s and N’tuma Mansaray’s phones, where the deceased on several occasions used abusive languages on N’tuma Mansaray and promised to end her life; and N’tuma Mansaray also responded that she would also end his miserable life.
The learned judge furthered that exhibit G 1-106 of text messages of the deceased were abusive to N’tuma Mansaray.
Explaining further justice Bah said murder means the unlawful killing of somebody and the prosecution should be able to prove that offence beyond reasonable doubt.
He continued that such an element leads to provocation.
The judge furthered that there was a fight between the two parties and N’tuma Mansaray received a bite on her left eye by the deceased.
He said Madam Mansaray in the house was found in a ravaged manner, adding that the killing was unlawful and this he said was proven by the prosecution team.
He said the stab wounds were not self-inflicted but done by someone else, adding that it was only the deceased, N’tuma Mansaray and their daughter that were in the house.
Justice Bah furthered that the deceased was a soldier and he lives in Freetown and should be an example of peace, adding that he is under or in the president’s space.
Justice Bah said N’tuma Mansaray was fighting over a knife held by the deceased and the stabbing took place.
He therefore said this could be a means of self-defence.
After giving his judgement, the family of N’tuma Mansaray shouted for joy with tears streaming from their eyes.