Prosecution Agrees With Defence Counsel

By Musa Paul Feika

The Police Prosecutor, Assistant Superintendent of Police, and Osman Mahmoud Bangura, at the Ross Road Magistrate Court No. 1, have agreed and apologized with to defence team, which include Samuel Ronald Valcarcel and Ronald Giawani. This relates to an earlier objection made by the defence team in tendering a voluntary caution statement of one Osman Tarawallie, who was not brought before the court in respect of the ongoing murder trial before Magistrate Alhaji Suliaman Koroma.

It could be recalled that, on the last hearing, one of the defence counsels, Samuel Ronald Valcarcel, raised objection in tendering the voluntary caution statement of the aforementioned name, on the grounds that the defence team does not know anyone representing and defending any Osman Tarawallie, but rather Abdul Sankoh and two others, who are charged with offences of conspiracy to commit murder and murder.

During yesterday`s proceeding, when the police prosecution witness, Desmond Kamara, attempted to make a voluntary caution statement, Mr. Valcarcel stood on his previous ground on the basis that the police prosecution witness, Desmond Kamara, on the last adjourned date, made mention of a certain Osman Tarawallie, who was not before the court in respect of the matter.

After argument and counter argument, ASP Osman Mahmoud Bangura apologized to the defence team, stating that it was a mistake on the part of the prosecution team.

During cross examination, Mr. Valcarcel asked the witness as to when he received the case and enquiry file. The witness replied that he received the case and enquiry file on the 8th June, 2020.

He further asked Mr. Kamara, whether he visited the alleged crime scene. The witness replied in the affirmative.

Lawyer Valcarcel put it to the witness that it took five days, prior to the day of the incident, before he visited the alleged crime scene.  The witness also responded in the affirmative.

The defence lawyer asked the witness whether, upon visiting the alleged crime scene, he discovered anything of police interest. The witness said he noticed that the vehicle’s window and glass were damaged and broken.

He asked Mr. Kamara whether he saw blood at the crime scene. The witness said no.

Mr. Valcarcel asked whether the witness spoke to an independent witness upon visiting the crime scene.  In his response, he said he spoke to one Mr. Jalloh, who happened to be PW1’s neighbour.

The defence team asked Mr. Kamara whether he asked PW1 about the number of people outside his gate on the day of the incident. The witness told the court that, on the day of the incident, PW1 had told him that there were fifty people and above outside PW1’s gate.

He further asked the witness whether he would be surprised that PW Idrissa Bah, who had earlier testified before the court, told the court that there were five people outside his gate. He replied yes.

Mr. Valcarcel asked the witness whether PW1 told him that it was certain Osman Tollo, who had entered into PW1’s compound and damaged his vehicle window and glass. Mr. Kamara replied in the negative. He further asked the police investigator whether he investigated that bit of evidence. In his reply, he said no.

He asked the witness if he was aware of the fact that the deceased was a suspect of robbery. He said he could not recall.

Mr. Valcarcel rounded up his cross examination by putting it to the witness that, through PW1’s statement to the police, he never made mention of the accused, but rather Osman Tollo.

According to the police charge sheet, Abdul Sankoh and two others, on the 8th June, 2020, at Fullah Mosque in Hastings, outside Freetown, murdered Alhaji Muctaru Bah.

The accused were denied bail and remanded at the Male Correctional Centre, Pademba Road in Freetown, and the matter was adjourned to 25th September, 2020.

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