By Abass Jalloh
Principal Magistrate, Mark Ngegba, presiding the Pademba Road Court No. 1 in Freetown, has given a final instruction to the prosecution to provide evidence of the mental evaluation of Kassim Watfa, who was alleged by the defense to have an unsound mind.
Watfa was charged for allegedly murdering Sergeant Mahmoud Barrie, a soldier of the Republic of Sierra Leone Armed Forces (RSLAF), at Hill Station, Freetown, in May this year.
It could be recalled that the magistrate had instructed the prosecution in two hearings to adhere to the said application in question by the defense.
During the hearing on Monday 5th September 2022, the Prosecuting lawyer, Assistant Superintendent of Police (ASP), Christiana Davies Cole, wanted to present a copy of the mental health document that was to be used in court, but the said document was made available to neither the defense nor the magistrate.
Lawyer Cole said she was not aware whether it was served to the bench or not.
The magistrate ruled that a doctor should make the said document available otherwise the preliminary investigation would continue, noting that it was not served to him first as it was supposed.
Defense lawyer, Francis Gabbidon, said he was dissatisfied with the way the prosecution was dealing with the matter. He said the court should go with the provisions of the Criminal Procedure Act otherwise they “would not be a party to that”.
The accused under preliminary investigation is faced with multiple charges including murder and assault.
According to the charge sheet, on Tuesday 17th May 2022 at Davies Drive, Hill station, Freetown, the accused murdered, Sergeant Barrie with identification number 18172012.
The charge sheet stated that the accused also maliciously wounded and assaulted Sergeant Samuel Tucker with identification number 18181414 in a manner thereby occasioning actual bodily harm.
The matter was adjourned to the 12th of September 2022.
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