By Politico Staff writer
24-year-old Musa Kargbo, popularly known as SOJA, has on 7th July 2021 been sentenced to death by hanging for murder. The verdict was issued by the Resident High Court Judge in Makeni, Justice Unisa Kamara who is presiding over cases in the ongoing High Court Criminal Session in Magburuka Town, Northern Sierra Leone.
A twelve-member jury unanimously returned a guilty verdict against the convict in respect of a one-count indictment of murder contrary to law.
According to the particulars of offence, the accused Musa Kargbo on the 9th December 2019, at Rongola Village, Yoni Mamilla Chiefdom in Tonkolili district in the Northern Sierra Leone murdered Momoh Kamara.
In his address to the jurors shortly before they retired to consider their verdict, Justice Kamara noted that in all criminal trials in Sierra Leone, the burden of proving the guilt of the accused person beyond a reasonable doubt rests solely upon the prosecution.
He went on to note that the prosecution must prove among other things that the accused person was of sound memory and of the age of discretion, that the killing was done with malice aforethought either expressed or implied, that the victim was a reasonable creature in being and under the protection of the State at the material time.
Referring to the jurors as judges of facts, he urged them to decide the case according to the evidence adduced before the court without sympathy for or against either the prosecution or the accused or the victim of the crime.
“If based upon your consideration of the evidence, you are firmly convinced that the accused person is guilty of the crime charged, you must find him guilty. If on the other hand you think there’s a real possibility that he’s not guilty, you must give him the benefit of the doubt and find him not guilty,” Justice Kamara said.
The 2nd prosecution witness, Dr. John Fallah Yillia said he examined and performed post-mortem examination on the deceased at the Magburaka Government Hospital while the 3rd prosecution witness told the court that the accused and one Marios stabbed the deceased outside the dance hall.
Following the close of the Prosecution’s case by State Counsel A.Y. Mansaray, the accused said he relied on his statement to the police.
In his plea in mitigation, Lawyer from Legal Aid Board-Ibrahim Samba, told the Court that the convict (Musa Kargbo) is a first-time offender and that the Court should temper justice with mercy. The convict also pleaded for mercy.
A total of 22 cases are before the judge ranging from murder, manslaughter, sexual penetration, larceny to wounding with intent among others.
The High Court Criminal sessions are being funded by the judiciary with funds from the government of Sierra Leone and aimed at taking justice closer to the people especially in places with no sitting judge like Tonkolili district.
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