By Hassanatu I. Conteh
The systems and Data Analyst at the Cyber Crime Unit at the Headquarters of the Criminal Investigation Department (CID), Detective Sergeant 6890 Lebbie Sahr Fofay has on Wednesday, 5th February 2025 tendered evidence before Magistrate Sahr Kekura of Pademba Road Court No.1 following the death of one James Conteh alias James Okeke.
It could be recalled that six accused persons including Hassan Kamara alias Shine Face, Fatmata Turay, Brima Kamara, Brima Tarawally, Abubakarr Kamara and Samuel Turay were arraigned before Magistrate Sahr Kekura of Pademba Road Court No.1 in Freetown for murder.
All six accused persons were collectively charged with two counts charge of murder by allegedly ganging up and killing one James Conteh alias James Okeke, contrary to Section 4 of the Offence against the Persons Act 1861.
According to count one on the charge sheet, all six accused person on 1st March, 2024 at Ascension Town Cemetery in Freetown, in the Western Area of Sierra Leone conspired together with other persons unknown to commit a felony to wit; murder. Count two states that contrary to Section 1 of the Offence against the Persons Act 1861 as repealed and replaced by Section 1(a) to the Schedule of the Abolition of the Death Penalty Act 2021 Act No.6 of 2022.
Led in evidence by ASP I.S. Mansaray, the prosecuting witness outlined some of his duties to include the examination, transfer, analyze and extraction of digital evidences from electronic devices.
He recalled Wednesday, 13th March, 2024 while on duty together with Detective Inspector Mohamed Jusu received a correspondent together with one Techno Spark 10c mobile phone from Detective Inspector A.E. Conteh attached to the CID Central Police Station for forensic analysis and transcription of the videos therein.
He furthered that on receipt of the request to examine, analyze and extract the video contents from the said mobile phone, he examined the said phone and found it to be in good working order and he expended the ×98 action to determine the subscriber Sim Number of 072028459 and that the owner proved to be one Chernor Kamara.
“The videos in the phone in question were transferred to the office Dell laptop computer and was properly examined and then transferred to a pen drive preserved and certified as confidential material,” the police witness explained, adding that the extracted videos were also reduced to a report and he signed against them as the analyst, while D. Inspector Mohamed Jusu signed as a witness. He said the said phone was handed back to D. Inspector A.E. Conteh for safe custody and since then the report and pen drive has been in his custody.
At this stage, the witness was about to tender the report and the pen drive when Lawyer Kofi, the Defense Lawyer objected, noting that the phone must be in court and the videos played for which proper foundation has not been laid.
But ASP I.S. Mansaray replied that proper foundation has been laid because the 5th Witness did tendered the videos earlier but the phone got missing adding that the pen drive was further displayed and the Defense didn’t object to it but allowed same with cross examinations done from start to finish.
However, Magistrate Kekura in his ruling discountenanced the objection of the Defense. The pen drive and the report were tendered as exhibits.
Defense Counsel applied for the cross examination to be differed to a later date which was granted, and the matter was adjourned to 11th February, 2025.