By: Mohamed Sahr
Justice Adrian Fisher has denied the first bail application made for the accused Skye Bank Manager Ekubolaje Nicol, in connection to the killing of his junior co-worker, Ms Sinnah Kai Kargbo, on the effect that the standard of the bail application was not met. The ruling was held on Monday at the High Court of Sierra Leone in Freetown.
Justice Fisher noted that granting the accused bail would jeopardize his profession as well put also his life at risk. The statement was made after a bail application by the lead Defence Counsel, Roland Wright Esq who made an oral bail application for his client saying that the accused had been in incarceration for over seven months since the commencement of the murder matter.
Roland Wright Esq mentioned that bail is possible for his client. He cited section 79 sub-section 1 of the Constitution of Sierra Leone which he noted that bail is not acceptable for murder, treason and other serious crimes except at the discretion of the presiding judge. The Defence Counsel established that there is no evidence at the preliminary investigation that shows the circumstance of the death and that the accused had been deprived of the opportunity to provide more evidence of him during the trial stage.
In his reply to the bail application, the lead State Prosecuting Counsel, Ahmed J.M. Bockarie Esq refuted that the Defence Counsel should have at the initial period applied for an affidavit that he said had not been met.
Bockarie Esq convinced the presiding judge not to grant the bail at this stage because the accused has been charged with serious crimes which is punishable to life imprisonment.
He said it was revealed at the preliminary investigation that the accused had been in contact with unknown persons who were involved in the alleged killing despite the accused being in incarceration. So, granting the accused bail he said will let him tamper with the investigation.
According to him, he said at least three of the prosecution witnesses were under the supervision of the accused at the bank. State Prosecutor also informed the court that denying the bail of the accused would minimize his interference with the prosecution witnesses.
He continued that it is too early at this point to grant that accused bail when the court has not yet laid a hand on the shreds of evidence. On the same note, the denial of the bail came after the judge gave a ruling as to whether the murder trial should be tried by a judge alone or with jurors.
Justice Fisher committed most of the key decisions to the supreme court that deals with the interpretation of the Constitution.
He said the Supreme Court decisions would include whether the Attorney General and Minister of Justice, and the Director of Public Prosecution (DPP) have the constitutional mandate to apply for life imprisonment offences which would be tried by judge alone or as the same may be. Justice Fisher said this is the first time in the history of Sierra Leone that the Supreme Court’s decision will be used as a judicial precedent for similar cases in future.
He made it clear to the Defence Counsel that it would take a long time for Supreme Court to decide on those applications, Justice Fisher said he would urge for a fast track cajoling the supreme court to decide within 14 days.
