BY: MOHAMED SAHR
mohamedsahrpro@gmail.com
Following a decision made by the Supreme Court for murder trial to be done by a judge and jury, State Counsel prevailed upon Honorable Justice Adrian Fisher for jurors to be empaneled.
It was noted that Section 161 of the Constitution of Sierra Leone clearly states that in the murder trial of an accused person Ikubolaje Nicol on Tuesday at the High Court of the Republic of Sierra Leone, in Freetown.
Ahmed James Bockarie, State Counsel insisted that the list of jurors must be provided to the court, and that the jurors need to be empaneled as per Section 161 of Constitution defined. He added that the preset presented in court showed that there was pool of colleague employees of the former Skye Bank General Manager, which has the potential to delay the court proceedings.
In his prior statement, State Counsel James Bockarie told the court that paragraph 61 and 62 of Justice Adrian Fisher’s ruling at the High Court had addressed the contention on fair trial. “Trial by Judge alone is the sole discretion of the Attorney General or the Director of Public Prosecution,” James Bockarie said.
“We are applying the law and not departing,” Bockarie submitted.
Bockarie empathized that the Registrar must summon the list of jurors in particular order and on separate note. He referred the court to Section 174 of the Constitution of Sierra Leone, which explains that there must be names of jurors summon on a separate pieces of paper. In addition, Section 174 reveals that at the seating of the court, names of jurors must be summoned.
However, Roland Wright, Defence Counsel said there also must be an addition of 10 names of jurors. He mentioned that the initial list provided 120 potential jurors who were presented in court.
Both James Bockarie and Roland Wright argued on Section 174 and 178 of the Constitution. Roland Wright informed the court that his client had spent quite a number of days in incarceration. He urged Justice Fisher for speedy trail of the matter.Honourable Justice Adrian Fisher requested for maximum 20 names of jurors inclusive of those in the preset. “Make your application and I will rule it,” Justice Fisher told State Counsel James Bockarie.Justice Fisher adjourned the matter on Tuesday 13th February 2024.
