By: Fatima Rogers
Honourable Justice Monfred Sesay of the High Court of Sierra Leone on the 20th September 2023 remanded four accused persons for sentencing on two counts charge of conspiracy to murder and murdered of Kai Osman Fengai at Koidu Town, Kono District.
According to particulars of offence for count one revealed that Mohamed Johnson, Victor Kellie and Ishmael Charles on 21th April 2021 at Koidu Town, Kono District conspired together to murder Kai Osman Fengai (deceased). On that note, the statement of offence was positioned on conspiracy to murder contrary to Section 4 of the Offences against the Persons Act of 1861.
Moreover, count two statement of offence described that Mohamed Johnson, Aiah Komba, Kalilu Fofanah, Victor Kellie and Ishmael Charles on the 20th April 2021 at the same location murdered Kai Fengai.
Speaking on the summary evidence, State Counsel Aruna Jalloh Esq told the court that on 20th April 2021 at Koidu Town, Kono District District, the deceased (Kai Osman Fengai) was in the vehicle of Tamba Senesie who served in the position of the Prosecuting Witness 1 (PW1) together with Kumba Sandy (PW2) and one Sahr Boima along Bona Street in the Koidu Town when the second accused person and others aggressively attacked them and stood in front of their vehicle.
Lawyer Aruna Jalloh said the second accused person immediately started insulting Tamba Senesie (PW1) and Honorable Tamba Lamina that they were bastard and they had betrayed the Kono people by giving presidency to Maada Bio and the Sierra Leone People’s Party (SLPP), and that they had even betrayed Sam Ansumana.
Notwithstanding, Lawyer Aruna Jalloh mentioned that during that material moment, the deceased came down the vehicle and pleaded to the second accused person to give way so that they can move. However, the second accused person refused and continued to voice abusive languages to Tamba Senesie and Honourable Tamba Lamina. It was during this height the first, third and fifth accused persons joined the second accused person to insult Tamba Senesie (PW1). The deceased pleaded to them that there was no need for them to be attacked.
Apparently, the first accused person felt bittered to the extent that he moved to the other side of the street and fetched a knife and stabbed the deceased. Note that the fifth accused person ran away when Justice Monfred Sesay initially granted them bail.
On the other hand, the first, second, third and fifth accused persons picked up stones and hit the deceased until he went on the ground.
The deceased was later taken to the Government Hospital where he was pronounced dead. After the death of the deceased, the accused persons were arrested and charged with conspiracy to murder and murder.
Additionally, the medical report of the deceased revealed that he died as a result of stab wounds at the chest and left lung.
Moreover, the voluntary statement of the first accused person stated that he stabbed the deceased but he did not know the part of the deceased body that was stabbed. The statement was read in court.
Lawyer Aruna Jalloh urged the foremen and members of the Jury the four accused persons must charge with count one and two respectively because on the day of the incident all accused persons were present.
Defense Counsel Randy Sallieu Bangura Esq from Legal Aid Board agreed with Lawyer Aruna Jalloh’s submission as stated on the indictment of which the accused persons were charged. Also, he partly agreed on the fact of the matter on discourse.
Lawyer Randy Sallieu Bangura told the court that not all death is punishable by law and some deaths are excuse. He said his excusable deaths are self defence and provocation.
Lawyer Bangura explained further that the second accused person made a self-defense. He said the first accused person was attacked by the deceased and his men at his house which amounted to trespass. Lawyer Bangura furthered that the deceased and his men chased the first accused person with arm and was overpowered.
Lawyer Bangura admonished the foremen and members of the Jury to pass a verdict of not guilty for the first and second accused persons.
Justice Monfred Sesay told the court that the retaliating force with the matter was not proportionate and that he had to look into the matter painstakingly. Matter adjourned to Wednesday 4th October 2023.