By Francis H. Murray
Mahmoud Tim Kargbo, a journalist and an eye-witness to the beating of deceased journalist Ibrahim Samura of New Age newspaper, has testified before Justice Augustine Musa at the High Court in Freetown in the ongoing trial of former Mayor of Freetown Herbert George Williams and the Public Relations Officer of the opposition APC in the Western Area Abu Barkarr Daramy, both accused of murdering Samura.
Led in evidence by State prosecutor Umu Sumaray, the witness described himself as a freelance journalist attached to the Global South Development Magazine, and admitted to knowing the deceased as well as the accused persons.
He recalled that on the 31st March 2018 he was observing the general and presidential elections together with journalist Thomas Dixon and others by moving from one polling station to the other, across the Western rural and urban areas. He said: ‘‘I was the first to cast my vote because I live in the East. So we proceeded to Lightfoot Boston Street where Thomas Dixon also cast his vote and we then accompanied the now deceased journalist to Hill Station to do his voting as well since he lived in that area. On our way back, just by the Presidential Lodge, we met a group of security personnel with the 1st accused, and one Ibrahim Mansaray. We were curious to know what was going on. The deceased who was driving our vehicle stopped, and we alighted from the vehicle but as soon as the group saw us, they went into their vehicle and drove off. So we continued our journey.”
The witness said after the deceased had cast his vote, they used the same route towards Wilkinson Road when the deceased received information through a phone call that there was violence at Lumley and they drove to the scene. ‘‘When we arrived, we saw a white Toyota Hilux that was destroyed. So we called the attention of other journalists, members of Civil Society Organisations (CSOs), the first accused and the people I mentioned earlier. We were one side of the street and the deceased went over to the other side of the street to get a snapshot of the destroyed vehicle. As he was doing that one of the security guards slapped him. So Thomas Dixon and I and other civil society members rushed there to try to stop the beating. One of the policemen grabbed the deceased in an attempt to arrest him but we intervened. So ASP Samura intervened and ordered his release and then asked him to make an official report,’’ he added.
At this juncture, Lawyer Sumaray asked whether the witness could recall his statement to the police dated 6th April 2018 at the Lumley police station, the witness said he remembered making the said statement at the police station and duly signed it.
Lawyer Sumaray raised concerns over what she referred to as ‘‘material inconsistencies’’ in the witness’ statement to the police and his evidence in chief and then applied for the witness to be declared hostile.
Defence Lawyer for the first accused Melron Nicol Wilson objected to the application and argued that the correct legal procedures required in declaring a witness hostile were not followed because the prosecutor had not referenced the correct legal statutes applicable to the declaration of any witness as hostile.
He added that such an application can only be made when a witness states something materially different in his statement to the police and that of their evidence in Chief.
The judge overruled the Prosecution’s application for the witness to be declared hostile on the grounds that he was yet to see the prevailing circumstances, under which a witness can be declared hostile, citing the instance of material inconsistencies, and ordered that the prosecution seek clarification in respect of the witness' testimony to the police and his evidence in chief.
Under cross-examination by lawyer Wilson on behalf of the 1st accused, the witness recalled making a second statement to the police on the 9th January 2020, saying that the first accused did not attack the deceased.
Defence lawyer for the second accused Lansana Dumbuya, argued that the need for the witness to make a second statement to the police came at the request of the police who were seeking further clarifications.
In reply, the witness said the police called him for a second interview where he was asked to show the persons who were involved in the said attack on the deceased, adding that he had told them in response that it was the security personnel and not the 2nd accused.
He added that he had never known the 2nd accused as a security personnel or a State House guard. The matter was adjourned to Tuesday 29th September 2020.
The prosecution alleges that the accused persons: Abu Bakarr Daramy and Herbert George Williams on the 31st of March 2018, in the Western Area of Freetown, murdered journalist Ibrahim Samura.
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