April 28, 2020
By Ibrahim Kabba Turay
The Freetown High Court presided over by Justice Monfred Momoh Sesay, on Wednesday, 22nd April, sentenced five people to death by hanging, after convicting them on conspiracy and murder.
State Prosecutor, J.A.K Sesay, has alleged that Sinneh Sesay, Abu Bakar Sesay, Sherrif G Sesay, Ibrahim Kanu and Alhaji D.Conteh, allegedly murdered one Tom Davies Jr.
They were charged with two count charges of conspiracy and murder contrary to law.
Prosecution had alleged that on Thursday, 30th March, 2017, at Upper Tengbeh Town, the convict conspired together with others unknown to commit a felony to wit murder and on the same date murdered one Tom Davies Jr.
Addressing members of the Jury, Justice Monfred Sesay said the convicts were committed to the High Court on two count charges of conspiracy and murder contrary to the laws of Sierra Leone.
He said to prove their case beyond all reasonable doubt, the prosecution led by Joseph A.K Sesay, presented five witnesses, including the Government Consultant Pathologist, Dr. Semion Owizz Koroma, who testified in the matter.
After going through the evidences of the prosecution witnesses and the statements of all convicts, Justice Sesay informed the jury that he was taking his time to read all the evidences and statements in order to refresh their minds.
He reminded them that they are judges of fact and that they should be well informed about the case before handing down judgment.
He told the jurors that on count one -conspiracy, the prosecution had led in evidence the friend of the decease,Sheka Kargbo, who had told the court that he was at home with the deceased when both saw off a friend who paid them visit.
He said on their way home, they saw the 1st, 2nd and 5th accused who told them that they (the accused) had finished misbehaving in their house.
He continued that they went home while the deceased left for night classes, but returned and informed him that his bag had been seized by the 1st, 2nd and 5th accused persons.
He said they went to retrieve the said bag but saw the 2nd accused holding a bottle and a knife.
The judge said the witness said the convict refused to give them the bag and promised to burn it, adding that one Jeremiah was holding the bag, while Abu was holding a bottle and a knife.
He further said that the witness had stated that when the accused persons refused to hand over the bag, they attempted to leave the scene, when Jeremiah slapped him in the face and knocked him down on the ground.
He said the 2nd, 3rd, and 5th accused persons attacked the deceased and held on to him tightly from his back, adding that it was the 2nd accused person (Abu) that stabbed him on his chest with a knife.
He further explained that the deceased shouted his name (Sheka) and ran in pain, with blood oozing from his chest.
He added that the witness had told the court that he followed the deceased, while the 1st, 3rd and 5th accused persons were chasing him.
He said the witness he hid myself in a ‘Pan body’ house where he overheard them shouting that Tom has died, and later left his hiding place and saw Tom laying in a pool blood.
Justice Sesay said the Dr Owizz upon conclusion of the autopsy, listed all his findings which he signed and issued copies which they tendered court.
He said the Doctor narrated that the deceased died as a result of neurogenic shock due to stabbing on his chest that caused his death.
The judge called on the jury to take note of the above testimonies of the five prosecution witnesses when giving their judgment in the matter, adding that they should pay keen attention to the statement of all the accused’s statement to the police for inconsistencies.
After hanging heads together, the jurors returned with a guilty verdict on conspiracy and murder and a not guilty verdict on conspiracy and murder.
In his judgment on count one –conspiracy, Justice Sesay cautioned and discharged all five accused person, while on counts two they were convicts to death by hanging on murder.