By Henry Kargbo
Honourable Justice Monfred Sesay of the High Court of Sierra Leone has on Wednesday, 20th September, 2023, remanded four accused persons on two counts charges of conspiracy to murder and murder of Kai Osman Fengai at Koidu Town, Kono District.
According to particulars of offence, count one revealed that Mohamed Johnson, Victor Kellie and Ishmael Charles on diverse dates at Koidu Town, Kono District conspired to murder Kai Osman Fengai (deceased) and as result, the statement of offense reads conspiracy to murder contrary to Section 4 of the Offences against the Persons Act of 1861.
For count two, statement of offence implicated Mohamed Johnson, Aiah Komba, Kalieu Fofanah, Victor Kellie and Ishmael Charles for murder on 20th April, 2021, at the same location.
In his submission in court, State Counsel Aruna Jalloh, Esq. in his submission said on 20th April at Koidu Town, Kono District, the deceased (Kai Osman Fengai) was in a vehicle with Tamba Senesie, who served in the position of the Prosecution Witness 1, together with Kumba Sandy (PW2) and one Sahr Boima along Bona Street in the Koidu Town when the second accused person and others aggressively attacked them and stood in front of their vehicle.
Lawyer Aruna told the court that the second accused person immediately started insulting Tamba Senesie (PW1) and Honourable Tamba Lamina that they were bastard and they had betrayed the Kono people by giving presidency to Maada Bio and the Sierra Leone People’s Party (SLPP) a second term while further accusing them of betrayed Sam Ansumana, a Kono brother.
State Prosecutor mentioned that during that material moment, the deceased rose come down the vehicle and pleaded with the second accused person to give way so that they can move, for which the second accused person refused and continued to heap abusive languages on Tamba Senesie and Hon. Tamba Limina.
During the rancour, the State Prosecutor continued, the third and fifth accused (Kalieu Fofanah) and Ishmael Charles joined the second accused, Aiah Komba to insult Tamba Senesis.
Prosecution Witness 1 earlier told the court that the deceased cushioned them from such describing it as needless before he was attacked.
The first accused person felt battered to a point that he moved to the other side of the street and returned with a knife he used to stab the deceased and took to his heels.
The first, second, third and fifth accused persons pelted the deceased with stones until he collapsed to the ground.
The state counsel further informed the court that the deceased was later taken to the Government Hospital, where he was pronounced dead. The accused persons were arrested and charged with conspiracy to murder and murder.
Lawyer Aruna stated that the deceased’s medical report revealed that he died as a result of stab wounds to the chest and left lung.
A voluntary statement was read in court that stated the first accused person admitted to stabbing the deceased but couldn’t ascertain where he had stabbed the deceased.
Lawyer Aruna urged the foreman and members of the jury that the four accused persons must be charged with count one and two respectively, because on the day of the incident all accused person were present.
Defence counsel Randy Salieu Bangura Esq of the Legal Aid Board agreed with the state prosecutor’s submission as stated on the indictment the accused persons were charged.
He also told the court that not all death is punishable by law and some deaths are excused, adding that excusable deaths are self-defence and provocation.
He furthered that the second accused person self-defended himself, that the first accused person was attacked by the deceased and his men at his house, which amounted to trespass, adding that the deceased and his men chased the first accused person with arms, and was overpowered.
Defence counsel also admonished the foreman and members of the jury to pass a verdict of not guilty for the first and second accused persons.
In that light, Hon. Justice Monfred Sesay adjoined the matter to Wednesday, 4th October, 2023, promise to look into the matter thoroughly.
