By: Audrey John
Musa Mansaray alleged victim has on the 20th July 2022 testified in the ongoing preliminary investigation into the alleged robbery with violence incident at LEONECO filling station involving Alhaji Amadu Bah (AKA LAJ).
The accused Alhaji Amadu Bah who made his fifth appearance before magistrate Kekura of Pademba road court No1 was arraigned on four counts charges of robbery with violence and assault.
According to the police the accused Alhaji Amadu Bah on Sunday 12 June 2022 at LEONECO filling station with intent to rob, stole the sum of Le 4,200,000 and assaulted a pump attendant.
Prosecution witness number Four Inspector Morris Amara Sellu attached to the Criminal Investigation Department CID Congo Cross division said he knows the Complainants Francess Wilson Ishmail Kamara, Christiana Koroma and Musa Mansaray.
He said he also knows the accused person Alhaji Amadu Bah alias LAJ in respect of this matter on the 12th June 2022 within 15:00 to 16:00 hours whilst he was on duty at the said police station when the matter was allocated to him by desk NCO Sub inspector Kindo Kamara for investigation.
Upon receipt of the said information Sub Inspector Kindo Kamara DPC 19841 Mattia MS obtained statement from all the said Complainants.
Therein in his presence Sub Inspector Kindo Kamara issued a police medical request form to the said complainants therein on the 13th June 2022 Complainants returned with their endorsed medical form on the said date.
The endorsed medical form was in the custody of the police the witness said all medical request form was endorsed at the Lumley Health Centre and Connaught Hospital.
The said medical was produced and tendered in court.
At this stage counsel representing the accused person raised an objection that the police medical request form of Christiana Koroma should not be tendered in court because she didn’t testify in court.
Defence Counsel said that the medical form should not be tendered in court because she has never testified in court for the court to hear her own version, he is aware that what the court is actually conducting in this stage was Preliminary Investigation.
He told the bench that he has to take into cognizance the testimony of witness, Cross examination and all exhibit for them to come and tender medical request form for a certain individual without them having the opportunity to Cross examine the certain witness.
And also when that medical of that certain person was conducted from different hospital procedurally they believe it’s wrong.
He challenged the State counsel to come with the rule of evidence suggesting that an investigator can tender an endorsed medical request form of a victim.
Responding to defense counsel, the State Counsel Yusif Isaac Sesay Esq said the endorsed medical form has been in his custody.
He stated further that identification of medical request form was not a condition precedent to the tendering because the prosecutor can start off with the investigator to tender because the prosecution is dealing with his case.
Similarly you don’t say until a victim testifies or identify a medical form before it can be tendered, the rules of evidence are rules of procedure nothing deter a prosecutor to start with any witness of his wish, because a victim doesn’t appear during a trial don’t mean the medical request form cannot be tendered this is not a trial and its different in terms of the responsibilities the prosecution has during a trial and therefore the probability is different to matters attached to weight of evidence should not attached to the tendering of the evidence.
He said procedurally this witness can tender any document as it was in his custody and because it was endorsed from a different hospital it cannot be tendered. He concluded.
However, Magistrate Kekura refused bail and sent the accused person to the male correctional center in Freetown.
The matter was adjourned to the 27th July 2022 for Ruling.
