January 25, 2019
By Hassan Gbassay Koroma
State prosecutor, Ahmed J.M Backarrie, has submitted that Klymax Club members, who were accused of murdering Madison Bio in July last year, during an initiation process, have a case to answer in the High Court of Justice.
Lawyer Bockarie was addressing Magistrate Santigie Ibrahim Sorie Bangura presiding at the Freetown Court No.1, while trying to set aside the defense’s no case submission in the alleged murder case.
He told the Bench to commit the six accused persons to the High Court because the prosecution has proven its case beyond reasonable doubt.
The State Prosecutor, who had led five witnesses, told the court that he relied on the evidences adduced in court by all his witnesses, thus stressing on the evidence of the first and third prosecution witnesses.
He also drew the attention of the court to the evidence of the third witness, Charley Williams, who was part of the initiation. He reminded the court that the witness had told the court that the initiation process was physical and involved running and rolling.
He narrated that the said witness had told the court that at some point, the deceased was carried by someone after he had received some thrashing during the initiation process.
He further told the court that he relied on the evidence in-chief of the investigating officer and the pathologist, Doctor Semion Owizz Koroma.
He re-echoed that the accused were charged with the offence of conspiracy to murder and murder contrary to law, adding that it was required by law that the prosecution at the preliminary investigation should prove the offences against the accused and not the guilt.
He further submitted that the unchallenged evidence by the pathologist, who stated in his report that the deceased died of manual strangulation, was sufficient enough for the accused to appear before the High Court for trial.
Lawyer Bockarie told the Principal Magistrate that the prosecution has the burden to prove that the killing happened within a year, thus noting that the incident happened on July 13, and that the deceased subsequently died on 14th July, 2018.
He emphasised that the prosecution has adduced enough evidence to warrant the committal of the accused to the High Court for trial.
The accused persons; Francis Mafinda, Dennis Holland, Lawrence Lahai Amara, Mukeh Foh, Abassie Sesay, and David Ricott Olatunde Williams, are preliminarily being investigated at the lower court for the offences of conspiracy to murder and murder.
The prosecution alleges that the accused persons on diverse dates between Friday, 6th and Saturday, 14th July, 2018, in Freetown, conspired with other persons unknown to commit a felony to wit murder.
It was also alleged that the accused persons with other unknown persons on Saturday, 14th July, 2018, at No. 20 Sorie Town, Gloucester Village, Western Mountain Rural, murdered Albert Madison Bio.
Meanwhile, Lawyer Augusting Marrah, lead counsel for the second to sixth accused persons, together with lawyer for the first accused, had argued that the essential elements of the offences charged have not been proven by the prosecution, and that the evidence adduced by the prosecution was ‘manifestly inefficient.’
Lawyer Marrah also argued that there was no factual or forensic evidence that linked the accused persons to the alleged crimes.
He argued that the pathologist findings were ‘incomplete and unreliable,’ and his autopsy report lacked the required details to establish any direct participation of the accused persons in the alleged act.
He had submitted that the first prosecution witness, a ‘Keke’ rider, who transported the deceased and four others to the hospital, did not identify none of the accused persons as people who he boarded to the hospital that night.
He further submitted to the court that the sixth accused was arrested because he was a member of the Klymax club and that the police had not deviated from that fact.
He canvassed the magistrate to discharge the matter because all accused have no case to answer.
Matter adjourned to Thursday, 31st January, for the magistrate to give his ruling.