By: Fatima Rogers
The Supreme Court of Sierra Leone has retired and reserve ruling on an application by the Attorney General for judge alone trial in the murder case of former Skye Bank General Manager Ikubolajeh Nicol.
The motion was referred to the superior court of the land by Justice Adrian Fisher in June this year on the application which had been challenged by Lawyer Roland Wright.
In his oral submissions on Wednesday 11th October, Lawyer Roland Wright said that the state in their written submission has not addressed the questions and issues raised by the high court which were before the Supreme court and has also failed to distinguish between the principles generally and how such issues affect the accused personally thereby believing that they are restating their initial position.
He argued that if all cases after the abolition of the death penalty and even after his client Ikubolajeh had been charged for murder and two other counts have been tried by judge and jury. Therefore, he asked why this case should be tried by judge alone.
Even the attorney General’s office he further submitted has not cited any case that has been tried without a judge and jury since the abolition of the death penalty.
The attorney General he said is in contravention of section 23 of the Constitution which provides for fair hearing.
“When you have established a precedent, for due process and fair trail, such precedent should continue” Mr. Wright affirmed.
But the Chief Justice who is the Chairman of the five member panel interjected and said that it is because murder and treason were capital offences which no longer fall under such category that are punishable by death and rather had been replaced with life imprisonment.
Roland Wright thereafter said that “Treason and murder have always been treated as a special category of offenses which the laws have recognized throughout”
“Just treat us as you have treated everyone else” he added.
He continued that a subjective power must be observed objectively. “What we’re asking for is to be treated equally before the law”
“A subjective power was granted to the Attorney General. And in exercise of that power, he has consistently allowed all murder trails to go by Judge and Jury from the Abolition of the death penalty, therefore, a precedent has been established” he reechoed.
As a point of caution, Mr. Wright said for what he pointed out as a subjective power should be guided by the Supreme Court.
He envisaged a new dispensation might find it very convenient for political opponents to be tried by Judge alone.
Principal State Counsel Ahmed James Maxwell Bockarie replied saying that Paragraphs 61 and 62 of Justice Adrian Fisher’s ruling at the high court had addressed Mr. Wright’s contention on fair trial.
Trial by Judge alone he said is the sole discretion of the Attorney General or the Director of Public Prosecution.
“We’re applying the law and not departing” Mr. Bockarie submitted.
Asked by one of the empaneled Judges, Justice Vivian Solomon to reference any other matter of murder pending for trial at the high court for which the attorney general has made application for judge alone he said none so far.
The other matters relating to murder which are before Justice Adrian Fisher pending the determination of Ikubolaje’s he told the court are all by judge and jury but said that the applications for those had been made earlier.
Justice Alusine Sesay informed him that setting bad precedent has its own implications and that the matter before them at the Supreme Court is a big task.
The matter was adjourned for ruling on whether the matter will be tried by a judge alone or judge and jury.
