Justice Adrian Fischer has ordered the prosecution team in the murder matter involving the former General Manager of Skye Bank SL Ltd Ikubolaje Nicol to do their application properly for a trial by Judge alone.
Lead Prosecutor, representing the Attorney Generalin the said matter, GM Bockarie had earlier on Friday 19th May submitted to the High court Judge that their application for a trial by Judge alone instead of a trial by Judge and Jury was formal after lead defense Lawyer for the accused objected saying that “as far as procedures are concerned, there is no formal application of a motion before the court in respect to the subject matter.
Lawyer Wright raised concerned on the grounds that since the abolition of the death penalty , all murder trials 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 continued that there is an inconsistency in the matter.
After back and forth objections by both counsels, Justice Fischer ordered the prosecution team to go back, redo their application against Tuesday May 23rd and return to court on Friday May 26th for his ruling.
It was the maiden hearing at the High court building along Siaka Stevens, Cotton tree, on the two counts of allegations brought up by the State against the former Skye Bank General Manager Ikubolaje Nicol of conspiracy to murder Sinnah Kai Kargbo, a former worker and staff of the above aforementioned bank between the 15th and 16th October 2022, at Leicester village in the Western rural Area, and fabrication of evidence with intent to pervert the course of justice.
It could be recalled that on Monday 15th May 2023, during the callover of the May Criminal session at the High court, the matter had been assigned to Supreme court Judge – Justice Ivan Sesay was transferred two days after the callover to High Court Judge –Justice Adrian Fischer.
The matter was committed to the High court in March of this year by Principal Magistrate Marke N’gegba of the Pademba Road Court NO.1 in Freetown.
