By: Audrey Raymonda John
Justice Adrian Fisher has ordered that the prosecution team in the murder hearing of former Skye Bank General Manager Ikubolaje Nicol properly do their application for a judge-alone trial.
Lead Prosecutor representing the office of the Attorney General, G.M Bockarie Esq had earlier on Friday 19th May submitted to the High Court Judge that their application for a judge-alone trial instead of a judge and jury was formal after the lead defence Lawyer for the accused objected saying that as far as procedures are concerned, there’s no formal application of a motion before the court in that regard.
Lawyer Wright was concerned that all murder trials after the abolition of the death penalty have been with a jury. So, a deviation from that he said will set a new precedent that will have serious consequences on similar cases in the future.
He said there’s a palpable inconsistency in this case.
After the back and forth, Justice Fisher, therefore, ordered that the prosecution go back, re-do their application against Tuesday, May 23rd and return to court on Friday, May 26th for his ruling.
It was the first hearing at the high court on the two counts of allegations against Ikubolaje Nicol of conspiracy to murder Sinnah Kai Kargbo between 15th and 16th October 2022, at Leicester in the Western Area, and fabrication of evidence with intent to pervert the course of justice.
On Monday 15th May, during the call over to commence the May Criminal session of the High Court, the matter had been assigned to a Supreme Court Judge – Justice Ivan Sesay but was transferred two days later to High Court Judge – Justice Adrian Fisher.
The matter was committed in March this year by Magistrate Mark Ngegba of the Pademba road court in Freetown.