April 17, 2015 By Victoria Saffa
A murder accused has had his matter committed to the High Court for trial by Magistrate Abu Bakarr Binneh-Kamara of the Ross Road Magistrates’ Court No.1.
Michael Sesay is alleged to have stabbed one Mahawa Mansaray to death on 24 January, 2014 at Pamronko in Calaba Town, east of Freetown, following an altercation.
“Having gone through the testimonies of all the five prosecution witnesses, I am convinced that there is a bit of Prosecution Witness No. 1 (PW1) testimony which was corroborated by PW2 pointing to a case, which the accused must answer to in connection with the offence for which he is charged,” said Magistrate Binneh-Kamara.
He said because his court cannot try the matter, pursuant to the 1981 Amendment to the Court Act of 1965, he would commit it to the High Court of Justice, in accordance with Section 120 of the Criminal Procedure Act of 1965.
The presiding magistrate also ruled that the defence counsel’s submission for ‘a no case to answer’ should rather be raised in the High Court as the Magistrate Court lacks the jurisdiction to determine that.
He noted that in establishing a case against the accused the prosecution had led five witnesses in evidence, while defence counsel, Julius N. Cuffie elected not to put in any defence, pursuant to Section 116 of the Criminal Procedure Act, although he applied for ‘a no case’.