By Saio Marrah
Justice Momoh-Jah Stevens has ordered that manslaughter accused, Ikubolaje Nicol return to the Pademba Road Male Correctional Centre, where he would continue his medical treatment. The Judge gave the order on Tuesday 18th June 2024.
He said the temporal relocation to the prison was for only two weeks to observe his medical status and that Dr. Russel, the cardiologist, who was treating him at Connaught Hospital, or other medical practitioners should have unhindered access to him at the Pademba Road prison.
Justice Stevens said he made the temporal order for the accused, who is not on bail, to be treated at Connaught Hospital on the recommendation of the medical superintendent that the correctional center who told the court that the correctional center lacked the equipment and trained personnel to treat the accused. He promised a fair and speedy trial.
Earlier, defence lawyer Rowland Wright told the judge that the universal principle is that even a condemned prisoner is entitled to the best medical care until they are due for execution. He reminded the judge that the medical doctor at the correctional service had said in his recommendation that if the accused was not treated, he could die of a heart attack.
He described as wrong, the notion that when the accused is hospitalized outside the correctional center he is free, saying the court order that the accused be returned to the correctional center is irrational.
Meanwhile a Senior Crime officer, Detective Constable Hassan Bangura has tendered photographs of the deceased, Sinnah Kai-Kargbo which he said he took during the autopsy. Led in evidence by Lawyer Aruna Jalloh, Bangura tendered the photographs that were placed in a photo album on Friday 14th June 2014.
Defence lawyer, Rowland Wright objected on the grounds that the original source of the photos was not tendered. He argued that everything about the evidence that was presented during the preliminary investigation at the magistrate’s court has changed so even if the said primary sources were tendered at that level they would not be tendered at the trial.
In his reply to the objection, prosecutor Jalloh admitted that the primary source of evidence ought to be tendered in court, but that in a situation where the primary source cannot be traced, the secondary source, which he described as the end product in this case, can be tendered. He further said that such needs to be justifiably explained to the court, which, according to him, the witness had done.
Lawyer Jalloh said the witness had indicated that the memory card, which was used in the Canon digital camera to take some of the photographs, got formatted after the photos had been printed out and that the Itel mobile phone, which he used to take the shots got missing while he was traveling to Egypt.
He argued that even if the witness was unable to find some of the pictures, the evidence tendered at magistrate’s court could have been used as deposition.
In his ruling, Justice Momoh-Jah Stevens said because the indictment was changed from murder to manslaughter, it did not mean everything had to change and pointed out that the photographs were not new to the court.
The case resumes Friday 21st June 2024.
Copyright © 2024 Politico (20/06/24)
