Three accused persons including Mohamed Samura, the first accused, Mohamed Lamin, the second accused, and the third accused, Hardy Momodu Evetyn Jabbie, Thursday 13 April 2023 appeared before Magistrate Mark Ngegba of Court No1. on Pademba Road Freetown, for alleged murder of one Abu Bakarr Kargbo, alias Wanie.
All three accused persons are charged on two counts, count 1 conspiracy to commit a crime contrary to law and murder contrary to law.
According to the charge sheet on count 1, all three accused persons, Mohamed Samura, Mohamed Lamin Dumbuya and Hardy Momodu Evetyn Jabbie on Monday 27 February 2023, at Woodland Estate, Freetown, conspired together with other unknown persons and murdered Samuel Abu Bakarr Kargbo.
Count 2 states that, all three accused on the same date and place murdered Abu Bakarr Kargbo.
Mathew Gibao Karim Vagahun, a Detective Police Inspector attached to the Homicide Syndicate at the headquarters of the Criminal Investigations Department on Pademba Road, Freetown, recognized all three accused persons. He also acknowledged knowing the complainant, Desmond Johnson, on Monday 27 February 2023, whiles on duty at the Homicide unit, from where he received a transfer case from the Congo Cross Police Station in respect of an alleged murder for the first accused person.
On the receipt of the inquiry file statement of the first accused Mohamed Samura and abstract was in the file, and the witness tendered the first accused.
Detective Assistant Commissioner of Police Joseph Lahai left for the scene of crime at Woodland Estate, on No. 8 Old Signal Hill Road, Freetown.
On arrival at the scene of crime the team discovered a black facing cap, a pistol pouch belonging to the decease Samuel Abubakarr Kargbo, the exhibit was collected at the scene by the Crime Officer and returned to the CID. The said items were handed over to the Exhibit Clerk for safe keeping.
On that same day himself and D/Inspector Kasigbama interviewed the first accused, cautioned and questioned him in Krio and made responses in Krio which he recorded in English, and at the end of the interview he read the statement to him and admitted being true and correct which was witness by D/Inspector Tamba Kasigbama and he recorded it.
Statement Tendered Marked Exhibit B1-29.
On the 20 February 2023, a request of postmortem was sent to the Dr. Simeon Owizz Koroma for examination.
Tendered marked Exhibit C.
A call log was received by the Cyber Units of the Sierra Leone Police for analysis and tendered marked Exhibit D.
On the 2nd of March 2023, the second accused person was brought from Kambia by Police Officers of the Kambia Division in respect of the matter, and him and D/Inspector Kasigbama interviewed him which the statement was tendered marked Exhibit E 1-25.
On the 3rd of March he witnessed the postmortem of the decease Samuel Abubakarr Kargbo at the Connaught hospital moutrary.
At the conclusion of the examination, a copy of the cause of death handed over to him which he produced and tendered as Exhibit F.
On the 4th of March 2023, based on the information given to the team by the first accused, in respect of Tamba Moriba and Detective Chief Superintendent, Cecilia Cole left for the scene to Tamba Moriba to conduct a search, which they conduct a search on the premises of the Tamba Moriba, which they find Police interest and endorsed in the Search Warrant, it was also tendered as Exhibit G 1 to 5.
On the 6th of March 2023, a team of investigators including himself left for Angola Drive, Goderich, Freetown, to one Peter Sesay to do a search, which was done and they found a safe and endorsed it at the Search Warrant.
On their way going the 3rd accused person identify himself as one of the occupant downstairs.
And that the safe which the team took along belongs to him, from that point they asked him to join them at CID headquarters.
At CID headquarters, the 3rd accused was interviewed, his statement was tendered and marked Exhibit A1-14.
During the cause of investigations, a letter of notification was forwarded to the Director and Ambassador at Large at Ministry of Foreign Affairs, concerning the 3rd accused as he is British citizen.
The witness furthered that during the cause of the investigation they forwarded a request to Interpol for two suspects who are on the run.
He also said a warrant of arrest was put out for Peter Sesay, Tamba Sesay
and the file was forwarded to the Department of Public Prosecution for legal advice.
He said he did not receive any advice from the DPP.
On the 22nd March 2023, the first accused persons was charged with the offence of conspiracy to commit a crime to wit murder.
Charged statement was tendered in court.
On the 23rd March 2023, both the first and second accused were charged with the same offence, both charged statement were tendered he concluded.
Cross examination by Madieu Sesay for the first accused person
Why did you charge the first accused person the witness stated that they charge the first accused on the instructions of the Crime Officer, CID headquarters. And his arrest was instructed by Desmond Johnson.
Defence counsel asked whether they take the advice of the DPP before charging of the second accused, the witness stated that they did not.
A document was tendered bearing the advice from DPP which stated that there was no evidence against the second accused.
And it also stated that the evidence was not sufficient against all the accused persons and that they should be on bail H.M. Gevao, Charles Abass Bangura and A. Jalloh representing the second and third accused persons and cross examined the witness.
Meanwhile Magistrate Mark Ngegba denied them bail and adjourned the matter to the 14th April 2023 for further hearing.
By FORUM Court Monitor
