By Francis H. Murray
The trial of former Mayor of Freetown Herbert George Williams and the Public Relations Officer of the opposition All Peoples Congress (APC) Party Abu Barkarr Daramy for the murder of journalists Ibrahim Samura resumed on Tuesday before Justice Augustine Musa at the High Court in Freetown.
Led in evidence by State Prosecutor Umu Sumaray, the third prosecution witness Thomas Dixon described himself as a journalist attached to the Salone Times and New Age Newspapers, and admitted knowing the deceased as well as the accused persons.
He further described the deceased as “a colleague journalist and partner in the running of the New Age Newspaper.”
The witness recalled that on the 31st March 2018, together with Ibrahim Samura and Mahmoud Tim Kargbo he was on duty monitoring the presidential run-off election across the Western Area. ‘‘As we were doing that, we stopped at Portee in the east of the city, where Tim Kargbo cast his vote and we then went to Wallace Johnson Street where I did mine. We later moved up to Hill Station in the West where the deceased cast his vote. On our way, we stopped at Hill Cut junction close to the presidential loge because we saw cars with people around shouting. The deceased saw someone he recognized as the former Deputy Minister of Trade Ibrahim Washingai Mansaray and other people.
The deceased wanted talk to Washingai but I advised him to desist because of the mood of the people around the deputy minister. We proceeded to the hill top community at the back of the American Embassy, returning later using the same route,’’ he explained.
The witness added that while they were on Spur Road, the deceased received a call alerting him to some commotion at Lumley opposite the police station. He said they quickly drove to Lumley and met a good number of people fighting and shouting, adding that he recognized the accused persons at the Lumley roundabout as well as the daughter of former president Koroma, Dankay Koroma and Ibrahim Washingai Mansaray.
The witness told the court that the accused persons were at the scene while the deceased was talking to Washingai Mansaray and noted that the deceased took out his phone and attempted to take a snapshot of the State House vehicles and the policemen that were on the scene. ‘‘And the boys around including some policemen and State House security guards pounced on him and started beating him up. I had to intervene to separate him from them and even as I took him to the other side of the road the boys were still chasing us. One of the State House security guards had to hit him with a baseball bat on the head and the other policeman was also behind us ordering our arrest. Fortunately, we met the former Media Relations Officer of the Sierra Leone Police ASP Ibrahim Samura who inquired into what had happened and we explained. He asked that we be released and asked us to later make an official report to the police,’’ he added.
The witness recalled that he made statement to the police on the 6th of April 2018 which was read to him and he signed it to be true.
At this point, the prosecutor asked the witness to read a portion in the said statement which stated that the accused persons were part of those who assaulted the deceased.
The prosecutor then put it to the witness that in his statement on 6th April 2018, he didn't make mention of any State House security guard or that the deceased was hit with a bat by some boys. The witness agreed adding that he mentioned the names of Mohamed Koroma and Alusine Dainkeh who were in the State House vehicle that the deceased wanted to take a snapshot of.
At this point, the State Prosecutor applied for the witness to be declared hostile because of differences in his evidence in Chief and his statement to the police in respect of who beat up the deceased journalist.
Lead defence lawyer for the 1st accused Melron Nicol-Wilson opposed the application arguing that the prosecution failed to point out the varying instances in the witness' statement to the police and his evidence in Chief.
He added that there's no law which precludes a witness from expanding on his statement to the police, adding that it was the normal practice for any witness to make several statements to the police.
Defence lawyer for the 2nd accused Lansana Dumbuya also argued that the prosecution had not laid the proper foundation required to declare the witness hostile.
He added that the prosecution was not been fair with the witness as he had not said anything in court which was inconsistent with his statement to the police, adding that the prosecution should have had conferences with the witness before coming to court to embarrass him publicly.
Lawyer Dumbuya also argued that even where there are inconsistencies in a witness’s statement to the police and his evidence in chief, such inconsistences have to ‘‘germane’’ to the prosecution’s case.
Presiding judge, Augustine Musa said that the prosecution had not met the threshold in order to treat the witness as hostile but he said he would allow him “to be treated as such in the interest of justice given some minute inconsistencies.”
Lawyer Sumaray further put it to the witness that “in your statement dated 6th April 2018, nothing was mentioned about State House security personnel or certain boys hitting the deceased with a bat and that statement was obtained at a time when the incident was fresh in your mind.’’ In reply, the witness continued with the statement in his evidence in Chief that the deceased was beaten by State House security personnel and some boys.
It was also put to the accused that he had told the police in the same statement that he saw the accused persons and Dankay Koroma, Ibrahim Washingai Mansaray and one Sanusi Busky as leaders in the assault: the witness agreed but denied being untruthful to the court.
Under cross-examination by lawyer Nicol-Wilson, the witness said he never mentioned the name of the 1st accused as one of those who assaulted the deceased in his first statement to the police dated 6th April 2018.
The witness recalled making another statement to the police on the 5th November 2019 where he also said he didn't mention that the 1st accused was among those who assaulted the deceased.
Asked whether he had seen the 1st accused in the assault of the deceased, the witness said he had told the police that a certain group of boys had hit the deceased with a baseball bat on his head and they also beat him with a dog’s chain.
He said that it was a certain police officer whom he can identify if seen that hit the deceased with a baseball bat twice on his head.
Also under cross-examination by lawyer Lansana Dumbuya for the 2nd accused, the witness said that in didn't mention in his statement to the police dated 6th April 2018 that the 2nd accused was among those who assaulted the deceased.
He said in his statement to the police as well as his evidence in Chief, he mentioned that some security personnel at State House and a certain group of boys beat up the deceased, but that he was not referring to the 2nd accused.
The witness said that the need for the second statement came at the request of the police who said they needed clarification and it was conducted on the 5th November 2019 and that he never mentioned anything about the 2nd accused assaulting the deceased.
The matter was adjourned to the 7th October.
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