November 23, 2021
By Audrey John
27-year-old Fisherman resident of Lungi, , Mohamed Conteh has been accused of killing one Blacksmith, Alhaji Kamara.
This incident occurred on the 5th June 2021 at the tail end of Petifu / Tagrin in the Kaffu Bullom Chiefdom. Testimonies of witnesses that have so far testified in Court indicate that the accused – Mohamed Conteh had asked the deceased to prepare a cutlass for him. But the amount demanded by the deceased – Alhaji Kamara to do the job was perceived to be too exorbitant for the accused.
An argument ensued between them in which the accused took offence of a particular utterance made by the deceased. His anger widened to such a level that he quickly snatched a cutlass which he used to chop off the right hand of the Blacksmith straight away. It was only at that juncture that the deceased realized that the accused was that much serious and then took to his heels. But Alhaji Kamara had to be chased by the accused.
Owing to the excruciating pain from his chopped off hand, he could not run fast enough. The accused was subsequently able to catch up with him and again sliced off the remaining hand with the same cutlass. Aminata Kamara who served as eye witness explained to the Court how the deceased started pleading with the accused to spear his life.
She said those pleas were disregarded by the accused who dealt him with a severe cutlass blow on the back of his neck. As if that was insufficient, the accused slammed another hit of the cutlass on the head which exploded before the Blacksmith could drop dead.
This dispatch would as well suggest the lingering doubt on whether the establishment of a High Court in the North West District of Port Loko is indeed a blessing rather than a curse. Even though the Resident Judge appears to be dutiful and up to the task in keeping the balance with regards the dispensation of Justice, it is worthy of reference here that the High Court in Port Loko lacks a lot of what should be ‘befitting standards’. It hasn’t a building of its own as a result of which it co- habits the Magistrate Court Building that was constructed in the Colonial Era. Apart from being so tiny to harbor the Public Gallery, the Building could only account for a total of 3 Small Offices. Consequently, the Weekdays are apportioned amongst the Magistrate and High Court Sessions to which the latter has Thursdays and Fridays while the former sits from Monday to Wednesdays.
The Prosecution is arguably one of the most crucial challenges faced by the High Court in Port Loko as it is often seen playing the role of a Defence Counsel. Members of the Public Gallery have often deduced that the Prosecution which is headed by the State Counsel could hardly see the need to raise an objection even in grating bails to accused persons in Capital Offences or those that are visibly of flight risk. The High Court in Port Loko is seemingly constrained in having the presence witnesses as well as some accused persons for a continuation of the total determination of certain matters. For instance, the State Counsel at the High Court in Port Loko has had most of his matters thrown out of Court for ‘Want of Prosecution. One of such matters has to do with an Accused on Murder Charges. Kadiatu Kamara who was before the Court for administering Caustic Soda to a 7- month old baby boy was discharged for what the Judge referred to as ‘Want of Prosecution’. Therefore, it is not uncommon for a matter to be either discharged or adjourned Sendia at the Port Loko High Court regardless the sensitivity or seriousness of such matters.
One of such Cases is the Sensational matter of the Port Loko Government Hospital’s Scanning Machine which disappeared under mysterious circumstance. The Matter was sluggishly charged to the Magistrate Court after the Stakeholders had raised some concern. It was eventually committed to the High Court early this year. The Presiding Judge – Hon. Justice Abdul Sheriff recorded the testimonies of quite a good number of Witnesses including the Medical Superintendent at the Port Loko Government Hospital where the Scanning Machine disappeared.
The Judge has since been waiting for the Prosecution to come up with the Investigating Officer who happens to be a Detective at the Port Loko Police Station. His Lordship has had course to offer about 18 adjournments to enable the State Council – Mr. Mathew M. P.M Lappia produce his Witness. In the end, the matter was thrown out of Court for ‘Want of Prosecution’. I am sure readers would also be wondering why it should be so difficult for the State Counsel to enhance the availability of a Police Witness whose place of work is just a stone – throw distance from the Courtyard.
After a total of 8 adjournments, the Judge was left with the only option of discharging the Matter for want of prosecution. Many of those who were following the proceedings are of the firm conviction that it was a deliberate game play. A detailed version on this particular story will be in my subsequent dispatch as Pregnant Women and others with Health Complications continue to suffer in want of a Scanning Machine. People now need to travel all the way to Lunsar and other distance Places to be serviced. Sources form the Government Hospital indicates that it was one of the expensive Scanning Machines personally bought by President Julius Maada Bio upon his assumption of office in a bid to improve the Health System in the Country.
The Accused Persons in the aforementioned Murder Matters had their separate appearances before Hon. Justice Abdul Sheriff last Friday which marked the end of the September 2021 Criminal Session in Port Loko. The Incidents occurred at Sanda Magboonton and Kaffu Bullom Chiefdoms on diverse dates. Both Incidents involved fairly young Persons below the age of 40 and grounded on trivial issues which ought not to have resulted to the loss of any life. The Accused on the Sanda Magbolonton Murder Case is Abu Samura – a 40-year-old native of Kantiya Village. He is on trial for the murder of one Tonkoh Conteh of the same Village – an incident which occurred on 15th. December 2020. Both were on a drinking spree at their usual abode when the Accused – Abu Samura complained that a sachet of his gin drink had gone missing. The now diseased – Tonkoh Conteh displayed his innocence adding that Gin was not even his choice or brand of drink. An argument ensued in which the now deceased threatened to slap the Accused. The Diseased – Tonkoh Conteh further asked the Accused to join him if he was a man enough as he dashed outside the Abode. Little knowing that the Accused had already picked up an old 3 legged pot, Tonkoh followed him out of the hut. He was at once hit on the head with the old pot. As testified by Dr. Cadirieu Musa – the Medical Officer who conducted the post-mortem examinations, The Diseased sustained a fractured skull which resulted to his death. Both Accused Persons were being represented by –Mr. Mohamed Kori of the Legal Aid Board of Sierra Leone whiles the State Counsel in charge of the North West Region – Mr. Mathew M.P M Lappia prosecutes. These and other matters were yet to be determined by the Hon. Justice Abdul Sheriff who has adjourned the Court to the 3rd December when it shall have resumed. Now you can have a glance at those horrifying photos alongside the Judge, State Counsel and Defense Lawyer…..