August 25, 2015 By Hawa Amara
Lecturer at the Milton Margai College of Education and Technology, Gibril Fofanah, had his case committed to the High Court yesterday for the alleged of murder of his spouse, Marie Samura.
In his ruling, Magistrate Serray-Wurrie noted that the accused was charged with one count of murder.
He said considering the statement of witnesses, particulars of offence and medical report by the pathologist, the prosecution had adduced sufficient evidence to warrant the committal of the matter to the High Court for trial.
However, defence counsel A.Y. Brewah pleaded a no case submission for want of evidence, whether direct or indirect that the accused person was the one who murdered the deceased.
He stated that the charge of murder is a common law offence and that the prosecution has the burden to prove that the accused committed the act and had the intention to do so, adding that there was no shred of evidence to show that the accused committed the offence.
Counsel Brewah further noted that the prosecution had called seven witnesses, including the pathologist, in order to adduce sufficient evidence against the accused person, but none of those witnesses produced the nexus between the accused and the deceased that would warrant the committal of the matter to the High Court.
He therefore urged the magistrate to discharge the accused because there was no evidence linking him to the offence he was charged with.
But police prosecutor, Sergeant 922 John Dumbuya, replied that he relied on the evidence of the prosecution witnesses.
Meanwhile, the accused stated his innocence as he indicated he would enter a ‘not guilty’ plea at the High Court and call on witnesses and as well as testify.