By: Audrey Raymonda John
As the matter between the Inspector General of Police and Ibrahim Deen Kargbo, Mohamed Lamin and Kalilu Santigie, the sitting magistrate of Ross Road court number three, Hadiru Daboh has adviced defense counsel AK Kamara to question the witness about his role and not to put him in legal class.
The accused persons on the above matter are charged to court after police investigation on two counts charges of conspiracy to commit a crime and incitement contrary to law.
It was alleged on the charge sheet that on the 9th of September this year, the accused persons conspired together with other persons unknown to commit crime.
The police also alleged on count two that all three accused person did incitement to other people to breach the peace.
Cross examined by defense counsel AK Kamara, the second prosecution witness Detective Sergeant Tamba Marrah attached to Criminal Investigation Department, Ross Road police station, in cross examination confirmed investigating all three accused persons after which he proffered charges against them.
The witness said based on his investigation he charged the accused with conspiracy to commit a crime and incitement.
In another question put to the police witness, confirmed knowing the meaning of Actusrea and Mensrea.
The witness described Actusrea as the guilty mind of an accused person and further stated that for one to be culpable the Actusrea and Mensrea must be present.
He said it was on the above bases he charged the accused persons.
In further cross examination, the witness said he charged all three accused persons for the offense of conspiracy to commit a crime.
Confronting him as to whether he has a conversation with all three accused persons during investigation, the witness responded in the negative. Confronting him also about the meaning of “agreement” the witness said the phrase literally means “when two or more people come together and agree on something.
He said the above plays a central role on the offense of conspiracy.
The witness in continuation also confirmed that during the cause of investigation, he discovered that there was an agreement between all three accused persons to commit the offenses for which they are in court. The witness said the agreement between the accused persons was proven through the cyber by the arresting officer that indeed they committed the offenses they are before the court.
Defense counsel after perusing the report put it to the witness that there is nothing linking the accused persons to the offenses charge, and responding to that the witness said he can ascertain there is a proof linking the accused persons to the crime.
Defense counsel was about to ask another question when the Bench intervened and advised him not to put the witness in a legal class. Magistrate Hadiru Daboh further stated that the current witness is not the cyber officer. He advised defense counsel to question the witness about his role, rather than squeezing him to the fact.
In continuation, the witness said the accused committed these offenses on the 9th of September 2023. He also stated that the file was transferred to him for further investigation and in the processes he read through and charge the accused persons to court. The witness confirmed that the voluntary cautioned statements of the accused persons were obtained on the 9th of September 2023 at Waterloo police station.
The witness said he during investigation he does not aware of people arrested at Waterloo and Tombo under the instructions of the accused persons.
Taking the witness stand the third prosecution witness confirmed submitting a report to the investigating office which according to him speaks about the entirety of his investigation dated the 23rd of September 2023. The witness said he entered the content of the mobile phones of the accused persons but there were no evidences linking them to the public.
At the conclusion of cross examination, defense counsel renewed his application for bail on behalf of his clients. The application was refused and the matter was adjourned to 22nd November 2023.
