By Ibrahim Kabba Turay
Justice Alhaji Momoh Jah Stevens, presiding over the case of former Sky Bank Manager, Ikubokaje Nicol, has issued an order for the accused, Bola, to be returned to hospital for the continuation of his treatment, under strict supervision by the prison authorities.
The decision came after the court received a medical report from the director general of the prison indicating that the accused suffers from a chronic heart disease that cannot be adequately treated at the prison hospital due to lack of facilities.
Justice Stevens further ordered that Nicol be hospitalised temporarily and that the prison authorities provide the court with regular updates on his health condition every two weeks.
He also instructed prison officers to ensure Nicol’s safety by preventing any unauthorized individuals from accessing him while he is hospitalized.
Following the judge’s order, state counsel lawyer A. Jalloh applied to call an additional witness pursuant to section 188 of the Criminal Procedure Act 1965, stating that the witness is the registrar of the court.
However, lawyer Wright objected to the witness’s testimony, arguing that he had been present in court throughout the trial, disqualifying him from testifying. He also contended that the witness could not be considered the custodian of the records in question.
In response, lawyer Jalloh argued that the witness’s role falls within his judicial functions and that he could serve as a witness for both the prosecution and the defense. He maintained that the notice served to call the witness was legal and urged the judge to dismiss the defense’s objection.
In his ruling, Justice Stevens stated that the witness in question would testify as a professional witness of the court, rather than as a witness of fact. He deemed the witness competent to produce and tender the deposition of Dr. Mohamed Bangura, who testified at the magistrate court.
Prosecution witness No. 6, Mohamed Coleson Kamara, testified that he is a Registrar of the High Court assigned to the presiding judge. He stated that he received the original case file of the accused, Ikubolaje Nicol, which contained the deposition of Dr. Mohamed A. Bangura.
During the proceedings, defense counsel raised objections regarding the absence of the deponent’s signature on the deposition. However, lawyer Jalloh argued that the deposition was duly signed by both the deponent and the magistrate, and referred to relevant sections of the Criminal Procedure Act to support his argument.
The deposition was produced and tendered in court as part of the prosecution’s case. The matter was adjourned to May 21, 2024, for further hearing.
