Judge overrules discharge application
February 26, 2014 By Hassan Gbassay Koroma
Judge Alusine Sesay of the Freetown High Court has overruled a discharge application made by defence counsel H.M. Gavao in the ongoing murder matter involving erstwhile staff of the Anti-Corruption Commission, Fatmata Finda Bangura, who is alleged to have murdered her husband, Assistant Superintendent of Police Hassan Samuel Bangura, at the Aberdeen police barracks, west of Freetown, on 26 May, 2012.
She is charged with one count of murder as the prosecution contends she had intentionally murdered her police husband at their Aberdeen police barracks home.
Counsel Gavao told the court on Tuesday that since the start of the retrial the prosecution had not produced evidence in court, thus applying for the matter to be discharged pursuant to section 94 of the Criminal Procedure Act of 1965.
Responding to the defence counsel, state prosecutor Mohamed Muctarr Sow said he would object on two grounds: that the unavailability of the exhibit in the retrial could not be attributed to the prosecution, as was the case in a proper justice system, the prosecution should not have any contact with the exhibit before they are tendered in court; while section 94 of the Criminal Procedure Act does not apply in such matter.
In his ruling, Justice Sesay noted that the matter would not be discharged but warned the prosecution to make progress as he would not continue adjourning the matter.
He said some matters, especially murder, are of public interest, thus the public would blame the court for having delayed justice if progress is not made.
The matter continues on 20 March.