By Janet A Sesay
Defence counsel representing the accused persons, Herbert Williams and Abu Bakarr Daramy has submitted that the accused persons are innocent of the murder charge brought against them by the state.
Counsel Melron Nicol Wilson has therefore called for their discharge noting that no evidence has been adduced against them. “The prosecution has failed woefully to produce any evidence showing that the accused persons murdered the deceased. Also, the prosecution has failed to produce any evidence that the accused person conspired with other persons unknown to commit grievous bodily harm against the deceased,” counsel submitted. Counsel Wilson, during his submission, viewed the trial as politically motivated. “The accused persons are in court just because they are members of the All Peoples Congress Party,” counsel submitted.
The defence made the arguments during a no-case submission in the murder trial presided over by Magistrate Mark Ngeba of Pa Demba Road Court in Freetown.
The two accused persons were the Mayor of Freetown City Council and the Public Relations Officer of the main opposition All People’s Congress, Western Area Branch respectively.
In the March,2018 general elections, skirmishes broke out at the Lumley Roundabout between Journalist Ibrahim Samura, proprietor and editor of the New Age Newspaper and party operatives allegedly leading to the death of the former.
The two accused persons were slammed with murder charges when the current government took over the reins of state command.
The accused persons have been remanded since their arrest although they maintain innocence of the charges for which they are in court.
In his submission during yesterday’s proceedings, Counsel Wilson told the court the accused persons were arraigned on two counts of murder and conspiracy to cause grievous bodily harm.
Counsel emphasised that the evidence offered by the prosecution witnesses did not support the two charges.
The defence counsel remined the court about the forensic testimony of the country’s pathologist, Dr Simeon Owizz koroma who he said did not link the accused persons to the death. “The pathologist’s testimony did not say the accused persons caused the death of the deceased,” counsel argued.
Counsel also said that the formal and factual witnesses called by the state could not implicate the accused persons.
Of particular importance was the evidence offered by Detective Superintendent of police, (D/Supt.) M. Allieu who, counsel said, supervised the murder investigation.
“In the testimony of the D/Supt Allieu, no evidence was adduced that both accused persons assaulted the deceased,” counsel Wilson argued.
Counsel Wilson also touched on the evidence offered by a police officer attached to the Criminal Investigation Department of the Sierra Leone Police. Counsel drew the court’s attention to the denial of the accused persons denied of the charges in their Voluntary caution statements they made to the police.
Also in his submission, counsel reminded the court about the classic definition of murder known to the criminal law.
Murder, according to counsel, occurs when a person of sound mind unlawfully kills another person.
For the state to prove a case of murder, counsel argued, it had to show that an accused persons by their own acts caused the death of the deceased adding that the state had failed to do so.
Counsel Wilson also submitted on the other count of conspiracy, which he said, the state should also prove that the accused persons agree to murder the deceased. “No evidence is before the court that both accused persons conspired to murder the deceased,” counsel argued.
State counsel, Adrian Fisher who is prosecuting the accused persons was opposed to the discharge application by defence counsel. Counsel Fisher told the court that the accused persons were charged on the doctrine of ‘Joint Criminal Enterprise.’ “The prosecution of the accused persons has nothing to do with politics, but the death of the deceased is to be prosecuted,” counsel Fisher argued.
State counsel sought for an adjournment date to address the court on the issue of ‘joint criminal enterprise.’
Defense counsel objected that the prosecution cannot address the court on ‘joint criminal enterprise’ noting that the accused persons are not in court for war crimes.
Rather, counsel said, they were charged to court for murder and conspiracy to cause grievous bodily harm.
Accused persons remanded in custody and the matter comes up on 12th February.