By Francis H. Murray
Justice John Bosco Allieu has admitted Mariama Sajor Barrie and Ibrahim Bah to bail. Both accused persons are standing trial for allegedly murdering 5-year old Khadija Saccoh.
Granting bail on Tuesday 9th March 2021, Justice Allieu noted that he was acting within the powers accorded him by Section 79 subsection (1) of the Criminal Procedure Act No 32 of 1965. He said “the court rules that the defence counsels for the accused persons had applied for bail in respect of their respective clients and the State had filled and affidavit opposing same which this court has thoroughly perused…In light of that, this honorable court admits the respective accused persons to bail in the respective sum of Le100, 000,000 with two sureties each in like sum one of whom is required to produce tittle deeds.’’
The decision followed the testimony of Mohamed Abu Kamara, the 3rd defence witness who described himself as a Secretary to a Chief Security Officer of a certain mining company, the deceased as his only sister, the 1st accused as his adopted mother and the 2nd accused as his adopted brother.
He also identified a picture of him and the deceased which was taken at Ogoo Farm in front of the shop of the 1st accused, adding that the deceased was like a biological daughter to the 1st accused.
He recalled that he was in Makeni on the 17th June 2020 when he received a call from the 1st accused informing him that they had lost the deceased and he travelled to Freetown the next day to witness the burial.
The witness said upon arrival and even though he was not part of most of the funeral arrangements, he got to know that the postmortem would happen on Saturday 20th June 2020 at Connaught hospital.
“When we got to the room, the doctor cautioned us to be quiet and another female officer instructed us not to take photos. So the doctor said upon examination of the outside body of the deceased there was nothing wrong with the outside. I absolutely observed no fingernail marks on the deceased, nothing like that. He inserted his fingers into the private part of the deceased and later said that she had been tampered with. Later he opened the mouth of the deceased and said that something was broken inside and concluded that the deceased was raped and because of fear for alarm, she was strangled,’’ he explained.
The witness said he was sent out at the end of the autopsy and the result of the postmortem examination was never read in front of all of those who had witnessed it, adding that because he didn't observe any fingernail marks on the neck of the deceased, he asked why that was so but the doctor told him that the person was a professional killer who didn't use his fingernails during the havoc.
He added that after the result had been read to them, the 1st accused was arrested and taken to the Lumley police station and he was not allowed to see her but was advised by the Police to go in search of a lawyer as the case had attracted many prominent people in society including a call from the Internal Affairs Minister.
He added that later the police conducted a search at the premises of the accused persons during which one of the officers received a call from an identified person who instructed her to arrest the 2nd accused as the phone was on speaker, adding that the police left because there was nothing of interest to them.
Under cross-examination by Lawyer Joseph A. K Sesay, the witness said that he only came to know of Khadija’s death on the 17th June 2020.
Asked whether he wanted the court to believe that he didn’t go to the shop of the 1st accused on the 16th June 2020, the witness answered in the affirmative, adding that he would also not be surprised to know that the 1st accused had told the court that he had gone to the said shop on the day before the incident.
Also asked whether he had heard of ritual murder which involves removing of certain parts of the body, the witness replied “yes” and stressed that the doctor explained to everyone that the body of the deceased was complete with no parts missing.
He maintained that he was in the living room when the police arrived to conduct the 1st search and that the 1st accused was arrested immediately after the results of the postmortem was read to them.
Both accused persons have been on remand since the commencement of investigations into the alleged incident in June 2020.
Meanwhile, a warrant of arrest was issued against Abubakarr Saccoh, father of the deceased for what Justice Allieu referred to as “impeding the jurisdiction of the court” by fleeing the country following an order by the court requesting him to appear before the court to show cause why he shouldn't be committed to prison for contempt.
Justice Allieu ordered that: “a warrant of arrest is hereby issued for the apprehension of Abubarkarr Saccoh by the Sierra Leone police to be enforced anytime he sets foot on the shores of this country whiles the contempt proceedings is still on course or in progress.’’
The matter was adjourned to the 17th March 2021.
Copyright © 2021 Politico Online 10/03/21