By: Hafsatu Z Bangura
37 years-old stone miner, Foday Sesay has on the 30th March, 2022 made his final appearance before Justice Monfred Sesay of the high Court No.2 in Freetown where he was sentenced to 25years imprisonment.
He was on a count charge of murder and his fate was decided by an eleven man Juror.
According to the particulars of offence the accused Foday Sesay on the 26th March 2917 at Freetown in the Western Area of the Republic of Sierra Leone murdered Alimamy Sesay.
He was indicted on one count charge of Murder and sentenced to 25 years imprisonment after serving a 5 year sentenced in March 2017.
Justice Monfred Sesay in his summoning up Judgment to the jurors highlighted the weight and seriousness of the case and to unanimously come to judgment of final verdict without emotional attachment but justice to both the victim and the accused person.
He continued that the prosecution has in all proved his case beyond reasonable doubt and the element of the matter been laid bared.
He said that the jurors should consider the elements of Murder brought up by the prosecution in indicting the accused and one such is Malice Aforethought that whether it was expressed or implied and that if the death of the accused occurred between a year and a day.
He concluded that the autopsy report and Medical Certificate of the cause of death by prosecution witness Dr. Simeon Owizz Koroma on the cause of death should be taken into account and that the prosecution called four witnesses in connection with this matter.
First Prosecution Witness (PW1) Ibrahim Sorie Sesay brother of the deceased testified in court that he got a call from one Alhaji Umaru Bangura that his brother has been stabbed by another following an argument between him and the accused person and was lying lifeless in his own pool of blood!
He said he quickly rushed to the scene and called on his brother three times but his deceased brother couldn’t respond back and saw him in his own pool of blood, he said he immediately rushed with his brother’s corpse at the Adonkia Police station where statements where obtained from him.
Second prosecution witness (PW2) also testified in court Alhaji Bakarr Swarray DPC1022 said he was on duty when a case of Murder was reported and he immediately filed a report. He continued that immediately they left the station to the scene of crime and met the deceased in a pool of his own blood with a wound on the chest and a stick.
Third Prosecution Witness Dr. Simeon Owizz Koroma in his testimony in court said the deceased according to the Autopsy report died as result of stabbed wound to the chest.
Fourth prosecution Witness (PW4) Alhaji Umar Sesay who called the brother of the deceased Alimamy Bangura testified in court about the incident and how it happened.
According to Fourth Prosecution Witness he said the deceased and the accused were arguing about one being a drunkard and the other one been a gambler and this upset the accused person and he walked off, wherein the deceased was the one who was holding a knife and that the deceased kept on calling the accused a drunkard and this angered him as he returned back and the deceased attacked him and he fought back hereby stabbing the deceased.
The accused in his plea mitigation to the court pleaded for mercy stating that he has been ill since 2017 that he was indicted and that he is now partially blind and was unable to walk, he had to be carried like a baby few weeks back.
All exhibits were tendered in court; the first exhibit tendered in court according to Justice Monfred Sesay was the Voluntary Cautioned Statement and marked as exhibit A1-8.
The Autopsy report in respect of the victim as exhibit C1-5
Medical Certificate of the cause of death marked as exhibit D and the Committal Warrant of the accused as exhibit E1and 2.
Defense counsel R.S Bangura in his plea mitigation for the accused said the accused is a first time offender, he is a stone Miner as his only source of income to provide for his family, that he is the only sole provider to his aging parents and that his health condition hasn’t been good, as he has been sick(Rheumatism) and partially blind as a result of the poor condition at the Pademba road and he has learnt of his lessons and is ready to be a Peace Ambassador and we abstain from violence.
Justice Monfred Sesay having heard the plea mitigation made by Defense Counsel Sentenced the accused to 30 years Imprisonment to serve concurrently.
