By: Audrey Raymonda John
Three accused persons including Mohamed Samura 1st accused, Mohamed Lamin 2nd accused and the 3rd accused Hardy Momodu Evetyn Jabbie a British Citizen are before Magistrate Mark Ngegba of Court No 1. Pademba Road Freetown, for allegedly killing one Abu Bakarr Kargbo alias Wanie.
All three accused persons are charged on two counts, count 1 conspiracy to commit a crime contrary to law and murder contrary to law.
According to the charge sheet on count 1, all three accused persons, Mohamed Samura, Mohamed Lamin Dumbuya and Hardy Momodu Evetyn Jabbie on Monday 27th February 2023, at Woodland Estate, Freetown, conspired together and with another person unknown to murder Samuel Abu Bakarr Kargbo alias Wanie.
Count 2 states that, all three were accused on the same date and place murdered Abu Bakarr Kargbo alias Wanie. Mathew Gibao Karim Vagahun Police Officers Detective Police Inspector attached to the Homicide Syndicate CID Headquarters Pademba Road, Freetown.
He recognized all 3 accused persons, also known one Desmond Johnson the complainant, on Monday 27 February 2023, he was on duty at the Homicide, when he received a transfer case from Congo Cross Police Station in respect of murder for the first accused person.
On the receipt of the inquiry file statement of the first accused Mohamed Samura, an abstract was in the file, and the witness tendered the first accused.
Detective Assistant Commissioner of Police Joseph Lahai left for the scene of crime No. 8 Old Signal Hill Road, Freetown (Wood Land Estate).
Upon arrival, the team discovered a black-facing cap, and pistol pouch belonging to the decease Samuel Abubakarr Kargbo, the exhibit was collected by the Scene of Crime Officer and returned to the CID, and the items were handed over to the exhibit clerk for safekeeping.
On that same day, and Inspector Kasigbama interviewed the first accused person, as he cautioned and questioned in Krio and made responses in Krio which he recorded in English, and at the end of the interview he read the statement to him and admitted to being true and correct which was witnessed by D/Inspector Tamba Kasigbama and he recorded it.
Statement tendered marked exhibit B1-29.
On 20 February 2023, a request for a post-mortem was sent to Dr Simeon Owizz Koroma for examination.
Tendered marked Exhibit C.
A call log was received by the Cyber Units for the analysis, also tendered marked exhibit D.
On the 2nd of March 2023, the second accused person was brought from Kambia by Officers of Kambia in respect of the matter, and he and D/Inspector Kasigbama interview him and the statement was tendered marked exhibit E 1-25.
On the 3rd of March, he witnessed the post-mortem of the deceased Samuel Abubakarr Kargbo at the Connaught mortuary.
At the conclusion of the examination, a copy of the cause of death was handed over to him which he produced and tendered as exhibit F.
On the 4th of March 2023, based on the information given to the team by the first accused in respect of Tamba Moriba and Detective Chief Superintendent Cecilia Cole left for the scene to Tamba Moriba to conduct a search.
They conducted a search on the premises of the Tamba Moriba, which they find the Police interest and endorsed in the search warrant, it was also tendered as exhibit G 1 to 5.
On the 6th of March 2023, a team of Investigators including himself left for Angola to drive Goderich, Freetown, to one Peter Sesay to do a search, which was done and they found a safe and endorsed it at the search warrant.
On their way going the 3rd accused person identified himself as one of the occupant’s downstairs.
And that the safe that the team took along belongs to him, from that point they asked him to join them to come to CID Headquarters.
At CID Headquarters the 3rd accused was interviewed, and his statement was tendered and marked exhibit A1-14.
During the cause of investigation, a letter of notification was forwarded to the Director and Ambassador at Large at the Ministry of Foreign Affairs concerning the 3rd accused as he is a British Citizen.
The witness furthered that during the cause of the Investigation, they forwarded a request to Interpol for 2 suspects who are on the run.
He also said a warrant of arrest was put out for Peter Sesay and Tamba Sesay and the file was forwarded to the DPP for legal advice.
He said he did not receive any advice from the DPP.
On the 22nd March 2023, the 1st accused person was charged with the offence of conspiracy to commit a crime to wit murder.
On the 23rd of March 2023, both the 2nd and 3rd accused were charged with the same offence, and both charged statements were tendered.
Cross-examination by Madieu Sesay for the first accused person
Why did you charge the first accused person the witness stated that they charge the first accused on the instructions of the Crime Officer of the Criminal Investigations department headquarters. And his arrest was instructed by Desmond Johnson.
Defense counsel asked whether they take the advice of the DPP before charging of the second accused, and the witness stated that they did not.
A document was tendered bearing the advice from DPP which stated that there was no evidence against the second accused.
And it also stated that the evidence was not sufficient against all the accused and they should be on bail H.M Gevao, Charles Abass Bangura and A. Jalloh are representing the second and third accused persons who Cross-examined the witness.
Meanwhile, Magistrate Mark Ngegba Refused bail and adjourned the matter to the 14th of April 2023 for further hearing.