By Aminata Phidelia Allie
Defense counsel in the ongoing murder trial of alleged journalist slayer, Eddie Tunde Williams yesterday called on the court to dismiss the case against his client and discharge him.
Making his final submission before Magistrate Komba Kamanda of Court No. 2 in Freetown, lawyer Augustine Kailie Musa made specific reference to the second prosecution witness (PW2) during his cross examination. He reminded the court that the accused had challenged PW2 that the accused, Tunde Williams was not present at the crime scene at the time journalist Ibrahim Foday was killed, adding that he had even named some people who would attest to his assertion that he was somewhere else.
“By that challenge, my client raised a very serious case of alibi which should have been investigated by the prosecution. But they failed and failing to investigate an alibi is fatal to the prosecution’s case”, the lawyer submitted.
In response to the submission, Prosecuting Sergeant 1933, Alhaji Mohamed Jah said that though a salient point had been raised by the defense, it was worth noting that the defense failed to direct the court to the exact location of the accused at the time the crime was committed if at all he was somewhere else.
Sgt. Jah said that it was important for the court to note that PW2 was not the only witness that testified against the accused, adding that the pathologist also did. “We rely on all our witnesses’ testimonies. On this note therefore, I urge this court to commit the matter to the High Court of Sierra Leone”, Sgt. Jah said.
Having listened to both arguments, Magistrate Kamanda said that it was the duty of the prosecution to investigate whenever an “alibi” was raised by an accused, adding that the duty of the police officer should not be limited to his office. “An alibi should be investigated even if the suspect was arrested ten years after the committal of a crime”, the magistrate said.
The matter was adjourned to Thursday, 28 March for a ruling while the accused was remanded in prison.
