By Mamajah Jalloh
In an highly over alleged murder trial, three individual person was arraigned before Magistrate Santigie Bangura of Pademba Road Court No. 2 for judgement on a count of Soliciting murder Contrary to Section 4 of the offences Against the Person Act 1816.The accused were Kemoh Bangura a fifty-five years old tailor, Alimamy Bangura, a fifty years and Alimamy Kargbo a fifty-eight years old farmer.
According to the particulars of offence on the 20 April 2024 at Rokon, Magbina Section, Bakie Loko Chiefdom Port Loko district, Northern –West Region, solicited the services of herbalist Alusine Kamara to kill doctor, Abu Bakar Bangura.
The prosecutor Assistant Commissioner of Police Juan M. S. Bull Esq led in her prosecution witnesses and the file was withdrawn for judgment.
Magistrate Bangura mentioned that they have commenced a preliminary investigation looking whether the prosecution will be able to raise a prema face case in their evidence to be answered by the accused persons on trial.
Alusine Kamara, the herbalist revealed that the accused told him that if he killed the complainant by Sunday he will be paid Le 6,000.00. He confirmed that the complainant since then tried calling him for the whole day but the complainant was not answering his calls until the following Saturday.
Under cross-examination, he said he is a herbalist who heals all kinds of diseases but does not kill people, adding that, the accused persons approached him during the month of Ramadan and thereafter and he never went to any of them as he never lived with them. Kamara went on to say that he knew the 3rd accused when they went to him and not at the accused house. He maintained that the accused persons hired him to kill complainant and that was why they gave him the title deeds and not for healing the accused. Alusine reiterated that they hired him to kill complainant with black magic
Magistrate Bangura said he have carefully read and examined the evidence explained above and has seen that indeed there was some encounter between the complainant and PW2, Alusine Kamara, the herbalist on the one hand and the accused persons on the other hand, pointing out the piece of evidence shows DW2 intermingling between the complainant and the accused persons, leading to the claim of the prosecution that the accused persons solicited to kill the complainant and the 1st accused had a land dispute.
“That the evidence of the complainant that DW2, the herbalist told him that the accused persons hired him to kill him was corroborated and confirmed by the said herbalist PW2-I refer to their respective pieces of evidence; and that the 1st accused confirmed this piece of evidence from both DWI and PW2 in his voluntary cautioned statement in exhibit J-13, wherein he indicated that indeed he had a discussion with DW2 regarding killing the complainant herein,” Bangura stated.
Bangura relied on the cyber lab report on the audio recording payed here in court by the scientific support unit of the CID which clearly explained the conversation between DW2, the herbalist and the accused persons and other, indicating a preparation and planning to kill the complainant.
“There are a lot of authorities establishing the fact that a witness who gives evidence in court different to what he said previously must not be relied upon by the curt. In the circumstance, I hold that the prosecution has been able to prove their case against the accused in respect of the charge herein beyond reasonable doubt,” Bangura stated.
Magistrate Bangura ruled that the accused are therefore found guilty of the said count and requested for a maximum sentence. He echoed that once such matter appeared in court they as magistrate must act tough and hereby sentenced the first accused to three years six months imprisonment, while the second accused to two months and the third accused to two years imprisonment to serve as deterrent for others not to follow.