September 7, 2021
By: Francis F.M.Harding
The accused person Ibrahim Sesay Alias Okada was an Operation Service Division personnel appeared before Justice Musu Damba Kamara on the 6th September, 2021 at the High Court of Sierra Leone. The accused person was present at the court, the State Prosecutor, the defense Lawyer and out of the twelve man panel jury only ten was present in Court. The accused person has changed his plea from not guilty to guilty.
It could be recalled that on the 18th August, 2020 the accused person shot the deceased person Osman Jalloh at Orogu Allen Town, Freetown. The accused person Ibrahim Sesay Alias Okada was charged with one count of murder.
Defense Lawyer, Komba Kanu on behalf of his client told the court that the accused person wants to change his plea. The accused person said “he now intends to change his plea from not guilty to guilty, and that he has consulted his lawyer before making this plea”.
The State Counsel told the bench that as per procedure having heard from the accused person and the defense counsel she will now apply for an amendment and to discharge the jury and by putting the charge to the accused person and he (accused person) will take his plea after which the necessary amendment will be made. When the registrar put the one count to the accused person he pleaded guilty for the offense put before him. The State Counsel said since he had pleaded to the lesser charge (manslaughter).
State Prosecutor applied that the indictment against the accused person Ibrahim Sesay Alias Okada be amended on the face of indictment under the rubric statement of offence that the word murder be delivered and be replaced with the word manslaughter. The application was made pursuant to section 148 (2) of the Criminal Procedure Act No.32 of 1965. There was no objection from defense counsel.
Justice Musu Damba Kamara granted the State Counsel application as prayed. The judge said that the amendment indictment should be file and serve on the defense counsel against the adjourned date. The judge continued to address the juries that they were serving as helpers to the court. She concluded that the juries are not panel again and the case is to be trial be judge alone. The matter has been adjourned to the 27th September, 2021.
In another development, the accused persons Sheka Sesay and Philip Daramy were before Justice Musu Kamara. When the foreman was talking why the juries were not complete he said John Mansaray have been absent for 6 times and he is out of the jurisdiction. Defense counsel said since they are not fully constituted and he explain his intention as his clients have intention to change his plea for which both accused persons have spent in remand and that both of them have agreed to change their plea and he now wish to inform the court. Two juries in this panel were absent and the defense and state counsel intent taken a line of action in the next setting on the 27th September, 2021. The State Prosecutor was E.T. Jalloh while Lawyer Komba Kanu representing the accused persons.