By: Audrey Raymonda John
Lans Copral Sahr Daramy at high court no.1 in Freetown presided over by Justice Adrian Fisher has been acquitted and discharged of one count indictment of murder by a 12 Man juror verdict.
According to charge sheet the accused person is indicted on a one count charge of murder, the particulars of offence states that the accused person on the 19th December 2020, at Freetown in the Western Area of the Republic of Sierra Leone murdered Abu Bakarr Conteh.
The accused upon his arraignment, pleaded not guilty to the offence and a trial by a judge and Jury was made by sate Prosecutor M.Kekura.
Justice Adrian Fisher in his summoning up to the jurors said the prosecution brought a case against the accused person of a one count indictment of murder, he said proving it’s case against the accused person, the prosecution called in several witnesses as the burden and standard of proof against the accused person rests on the prosecution to prove the guilt of the accused.
He went on that First Prosecution Witness who testified was Inspector Mohamed Kargbo, followed by Second Prosecution Witness Alhaji Papani Fadika a soldier who testified that the accused is a Soldier and a friend to him. He said they were at BawBaw village when the accused complained of his missing phone and suspected two boys namely Ibrahim and Abubakarr Conteh of whom he firmly suspected was the one who stole his phone.
The witness said it started with a fight between both boys and that the accused was the one who separated them, he went on that the accused left the scene to purchase a cigarette when upon his return saw both boys tied up, the deceased whom he had his suspicion of his missing phone untied himself and tried to escape when he was caught up by the accused.
Furthermore on this, he said the accused observed that the deceased was weak, he said he handed over the deceased to an uncle who identified the deceased as family, that the uncle left with the boy and was later pronounced dead.
The witness according to him said he and the accused person are friends and know the accused as a peaceful person for the past 15 years of their friendship.
The judge said the deceased was said to have a swollen face, he said a stranger opted to pay for the missing phone and at that the accused agreed to this and handed over the deceased to his brother who he said was family to the deceased.
Justice Adrian Fisher continued that Fourth Prosecution Witness Dr. Simeon Owizz Koroma Chief Medical Pathologist testified that the cause of death of the deceased is that of a neuralgic shock, that the deceased had spinal cord injuries, blunt force injury on his neck.
He went on that according to the medical Pathologist said the death of the deceased was not natural as he said that there was physical assault and the ribs of the deceased was damaged leading to excess blood
Dr Simeon Owizz in a cross examination by defense counsel for the accused person inquired of him, if a person in such state would die the same day, Dr Simeon Owizz Koroma said a person in such state with injuries of such nature would die the same day.
Verdict of the 12 Man juror on the count of Murder found the accused person not guilty and on a charge of manslaughter found the accused not guilty with a vote count of 10 not guilty and 2 vote count of guilty.
The accused was acquitted and discharged by Justice Adrian Fisher and cautioned the accused to be mindful of his actions as he sighted that the accused is an army officer with a service of 29 years.
It was a teary moment for family members of the accused person, the accused upon the Advice of justice Adrian Fisher gave a salute of respect to Justice Adrian Fisher.
Counsel representing the accused person Charles Israel Williams Esq appreciate the Judgment of the accused person and he thanks the Jurors for their the time they take through the proceedings.