July 13, 2021
By: Francis F.M.Harding
The First Police Witness (PW1) Detective Constable 13822 Kumba S. who is attached to the Criminal Investigations Department (CID) Tankoro Police Station has testified before Magistrate Sahr Keikura of Court No: 1 in Freetown on the 9th July, 2021 at the Pademba Court Freetown in a matter involving the accused persons Mohamed Johnson, Aiah Komba, Kalilu Fofanah, Victor Kellie and Ishmail Charles for allegedly killing Kia Osman Fengai. The accused persons were charged with two counts contrary to the Laws of Sierra Leone.
According to the police charge sheets, the accused persons were charged with two counts. It is alleged in count one that the accused persons on the 20th April, 2021, at Koidu town, in the Gbessah Chiefdom in the Kono district conspired together and with other persons unknown to commit a felony to wit murder. It is alleged in count two that the accused persons on the 20th April, 2021, at Koidu town, in the Gbessah Chiefdom in the Kono district in eastern region of Sierra Leone, unlawfully murdered Kia Osman Fengai.
Testifying in court, PW1 said he recognized the accused persons and the complainant. Witness said he was on duty on the 20th April, 2021 when the operation team headed by Tamba Kamado together with the complainant and the second accused person went and reported the stabbing of the deceased (Kia Osman Fengai) and the matter was recorded and allocated to him.
He said upon the information received by the complainant himself and together with the complainant went at the Koidu Government Hospital to see the victim. He said upon arrival at the Government Hospital they do not able to see the victim as he was at the theater. He said we were there until he was pronounced dead by the medical superintendent. Witness said his remains were taken to the mortuary (Kia Osman Fengai). He said he later joined the Scene of Crime officer were he found a wooden bench, piece of board together with a slippers that was having a blood stain. He said the Senior Crime Officer took a photo shoot.
Witness said on the 21st April, 2021 he and detective 19202 Marah M.D. contemporaneously interviewed the second and third accused persons and they were cautioned and questioned. Witness said he recoded the accused persons in English and their statements were read separately and it was witnessed by Detective 19292 Marah M.D. Witness said on the 22nd April, 2021 the fourth and fifth accused persons were brought to the Tankoro Police station.
On the 23rd April, 2021 the case and an enquiry file and the accused persons were brought to the regional headquarters in Kenema with some exhibits. Witness said on the same date he together with detective 11731 Bah M.A. obtained contemporaneous interview of the fourth and fifth accused persons. Witness said on the 25th April, 2021 deceased, Kia Osman Fengai was brought to Freetown for postmortem examination. Witness said on the 26th April, 2021 he witnessed the postmortem upon the request of the police. Witness continued to say at the end of the postmortem examination a cause of death certificate was issued to the police by the pathologist.
Witness said on the 28th April, 2021 he together with the scene of crime officer detective 11322 Conteh M.F. revisited the alleged scene of crime to further search for the knife used by the first accused person. Witness said during the search a brown handle kitchen knife was discovered in the drainage that was identified by the first accused person. Witness said the photograph of the knife was taken by the scene of crime officer.
Under cross examination, defense Lawyer S.M Sesay asked the witness if he was the lead investigator in this matter. Witness said yes. Defense lawyer asked witness if he took the statement of all accused persons.
Witness said yes my lord. Defense counsel asked witness what did he do after taking the voluntarily and caution statements. Witness said he did series of things. He witnessed the postmortem examination at Connaught hospital, he revisited the scene of crime and he also went to the hospital were the deceased was.
Defense counsel asked witness if the file was subsequently transferred to him. Witness said the file was sent to the CID headquarters. Defense counsel asked witness when did the file reach the CID and if the file come with the charge statement.
Witness said I can’t tell. Defense counsel asked witness whether at any point have reason to look at the file before it was sent to CID headquarter. Witness said the charge statement was not in the file.
Defense counsel asked the witness if he subsequently saw the charge statement. Witness said he saw them. Defense counsel asked if he knows where the statement was obtained from any persons other than the charge statement. Witness said no. Defense counsel asked if he saw evidence of any statements after charge statement. Witness said he did not see anything. Defense counsel asked if he ever knew the accused before. Witness said yes he has known the second, third, fourth and fifth accused persons. Defense counsel asked if he knows the first accused person. Witness said he has known the first accused person in this case. Defense counsel asked if there is anything in writing to contradict exhibits 1-12. Witness said there is nothing to his knowledge.
At this point, the Second Police Witness came up to take the witness box to testify. The Second Police Witness (PW2) Detective Constable 11322 Conteh M.B who is attached to the Criminal Investigations Department (CID) Tankoro Police Station as a scene crime officer testified before Magistrate Sahr Keikura of Court No1 in Freetown on the 9th July, 2021 at the Pademba Court Freetown.
He said he had known the deceased and all the accused persons. He said on the 20th April, 2021 he was on duty at the Tankoro Police Station when ASP Mannie instructed him to join a team of police officers headed by the Operations Officer, including the Detective Police officer 9482 Gibrilla Kamara and Inspector Alie Turay to visit the alleged scene of crime at 34 Bona street in Kono in lieu of wounding reported by one Tamba Senesie on behalf of Osman Kai Fengai.
He said upon arrival at the scene of crime he observed fracas, he discovered a wooden bench, a pair of pink slippers with blood stain on the left and a piece of board.
He said he then took photograph of the items and he later presented them as exhibits and returned them to the police station. He said on the 20th April, 2021 after the first accused person has made his confessional statement that he stabbed the deceased and threw the knife at the drainage in front of the house. Witness continued to say that himself, inspector Alie Turay and detective sergeant Gibrilla Kamara and the operations officer ASP. Kamara and the first accused person visited the scene of crime.
Witness said the accused person pointed were he threw the knife and the drainage was full of water and they returned back to the Police Station. He said on the 20th April, 2021 the victim died at the Koidu Government Hospital. He said upon receiving the information they went to the Koidu Government Hospital but they were prevented by the medical doctor not to enter the hospital. Witness said the 25th April, 2021 the corpse was conveyed to the Connaught hospital in Freetown. He said on the 26th April, 2021a postmortem examination was performed on the remains of deceased by Professor Babatunde Ebeyemi in front of the family members of the deceased and some police officers.
Witness said he took photograph during postmortem examination. He continued to say that the remains were handed to the police. He said he printed the photos for the view of the police and family members. He said the device he used to take the photos was Camon 12 Pro CC9 mobile phone. Witness said on the 28th April, 2021 they revisited the scene of crime with the first accused person. He said they search for the knife in the drainage were the incident occurred and they later found the knife. Witness said he took photograph of the knife and later handed to the exhibit officer.
Under cross examination, defense Lawyer S.M Sesay asked witness do you know when the alleged incident occurred. Witness said on the 20th April, 2021. Defense counsel asked when the first time the witness visited the scene of crime was.
Witness said on the 20th April, 2021. Defense counsel asked witness if they find people at the scene of crime. Witness said the place was Jam packed. Defense counsel asked the witness is he is speaking the truth. Witness said yes. Defense counsel asked witness if he was present when the first accused person made his statement to the police. Witness said he was not there. Defense counsel asked witness how he was dressed when he went to search for the knife. Witness said he remove his shoe and entered the drainage and took his bare hand in search for the knife. Defense counsel asked witness after he found the knife what did he do. Witness said he showed the public and later requested for A4 paper to wrap the knife.
Defense Lawyer Elloba renewed his application for bail but bail was not granted for all five accused persons by the Magistrate, they were sent to the Male Correctional Centre in Freetown. The matter has been adjourned to the 16th July, 2021.