October 1, 2021
By: Francis F.M. Harding
Justice Monfred.M. Sesay (JA), a Court Appeal Judge, has on the 29th September, 2021 discharged and Acquitted Alpha Umaru Jalloh for an offence of manslaughter. The convict was before the court on one count indictment of manslaughter contrary to law of Sierra Leone.
The particulars of offense stated that the convict on the 29th October, 2016 at Freetown in the Western area unlawfully killed Mamadu Munjuru. After spending 5 years at the male correctional center, the convict pleaded guilty to the offense of manslaughter.
State Prosecutor made an application for an amendment to the indictment as it relates to the deletion of murder with manslaughter on the particulars of offense which was replaced by unlawful killing and the application was made pursuant to section 148(1) of the Criminal procedure Act 1965 Act No.32 of 1965.
The State Counsel, Joseph A.K Sesay said that no injustice will be made to the accused person if his application is granted as it intends for much lesser offense. While addressing the court on what transpired between the convict and the deceased who were both hustler and who were working at Palm Lap Ferry Junction Park, State Counsel said they have received tips from one driver who they assisted to load his vehicle at the park. Lawyer Sesay added that an argument ensured between them about how to share the money and the argument degenerated into fight and the accused person grab hold of the deceased lifting him up hitting the deceased head on the concrete floor . Though they were separated by lookers and later the deceased as a result of the internal injury caused him some abnormality according to the medical reports; he eventually died.
Before slamming sentence on the convict, he pleaded for mercy and said his action was not intentional. He added that he lost both parent to the Ebola pandemic in Guinea.
Defense counsel, Lawyer Komba Kanu during plea mitigation for his client said that he is a first time offender and has not wasted the court time. He said he pray that the court will tamper mercy and that the court will take into consideration the time spent in remand since the convict was arrested on the 26th November, 2016.
Justice Sesay said considering the fact the convict had pleaded guilty and he has not wasted the court time and a first time offender and was abandoned by his boss man at ferry junction to fight for himself and that the convict appeared to him to be remorseful for what he has done he said the convict deserve mercy consequently he sentence the convict Alpha Umaru Jalloh to a time of five years imprisonment starting from his date of arrest.
He directed the director of Legal Aid Board Sierra Leone to assist the convict by providing him food, lodging and fair to enable him to return to his home town in Guinea and then ordered the defense Lawyer Komba Kanu to perfect this order file and serve the Correctional Service at Pademba Road to give effect his release. Representing the State was Lawyer Joseph A.K. Sesay while Lawyer Komba Kanu represented the accused person.