By Mohamed Foday Conteh
Justice Monfred Momoh Sesay has on the 23rd September this year sentenced 20-years-old Ibrahim Kamara, to seven years imprisonment for unlawfully killing his cousin Sulaiman Bah in Freetown.
Kamara was at first charged with the offence of murder but was later reduced to manslaughter on the request and acceptance of both the prosecutor, Joseph A. K. Sesay and defence lawyer, Komba Kanu.
Sesay applied for the indictment to be amended from murder to manslaughter. He said that his application is for the trial to be speedy noting that the young man first appeared in front of the judge on the 26th of September 2016; almost five years ago. He also drew reference to the absence of jurors with regards to the matter. The prosecutor made his application pursuant to Section 148 (1) of the Criminal Procedure Act (CPA) of 1965.
The defence lawyer, Komba Kanu did not object to the application made by the State prosecutor on the basis that the crime has been reduced to that of a lesser one.
The judge accepted the application made by the prosecutor and discharged the jurors that were present in the matter.
The High Court Registrar then read the amended indictment to Kamara and to which he pleaded guilty to the offence of manslaughter.
According to the fact of the matter, Kamara was said to have been living with the deceased on the same compound. It is said that the two were playing a game referred to as ‘bird fark’ when an altercation ensued. It was during that game that Kamara threatened to stab the deceased with a knife. Bah, however, was said to have grabbed Kamara and brought him to his father to make a report.
The father was said to have pleaded with the deceased to let go of his son, Kamara. The fact of the matter pointed out that the accused went into their kitchen and took out a kitchen knife which he used to stab the deceased on his left upper chest. Bah was later rushed to the hospital where he later passed away on the same day.
After the fact of the matter was read in court, the judge convicted the accused for the offence of manslaughter.
Before the judgment, the young man pleaded with the judge for mercy. He said that he has regretted his actions. He added that the deceased was his cousin. He noted that he was a form three pupil of the Government Technical School in Freetown before the said incident. He stated that his action on the said date was precipitated by ill-temper.
Defence lawyer, Kanu, in his plea mitigation, said to the judge that the convict, by all indication before the court, was a first-time offender. He added that the convict pleaded guilty for the offence which sufficed that he had no intention of wasting the court’s time. The lawyer pleaded with the judge to temper justice with mercy by considering the time the convict has spent on remand at the Pademba Road Correctional Centre.
The judge, after hearing from both the prosecutor and defence, sentenced the convict to seven years in prison including the six years he has spent on remand at the Correctional Facility on Pademba Road.
Copyright © 2021 Politico Online (24/09/21)
