By Francis H. Murray
The State prosecutor and defence lawyer in the murder trial of seven people who are alleged to have murdered one Zaioux Sesay have concluded their closing addresses to an eleven member jury before Justice Monfred Sesay at the High Court in Freetown.
The accused persons: Daniel Sellu (alias Dust), John Junior Kamara (alias Little), Albert Momoh (alias Rasta), Alfred James Momoh (alias Lion), Mohamed Fernado Kanu (alias Juda), Christopher Sellu (alias Wizzy) and Alferd Sullay Momoh (alias Timaya) are before the court on a three count indictment of Conspiracy to commit murder, murder and robbery with aggravation, for which they all had pleaded not guilty.
In his address to jurors on Wednesday 2nd December 2020, State Prosecutor Joseph A.K Sesay said it was the duty of the prosecution to prove the guilt of the accused persons by proving all the elements connected to the offences for which they were arraigned.
He told the court that the allegation against the accused persons is that on diverse dates between the 10th and 12th February 2017, they conspired together with other persons unknown to murder Zaioux Sesay in the Western Area of Freetown.
He said the elements in respect of count one included to prove that there were two or more persons, evidence of an agreement among the accused persons and to show by way of evidence what each of them did in furtherance of the offence and also to prove that they agreed intentionally to commit the said offence.
The prosecutor said in respect of count two, the prosecution had to prove that the accused persons are normal at the time they allegedly committed the offence and are also normal while on trial, that each of them did something to the deceased which caused his death, and had the intention to kill the deceased or cause him serious bodily injury.
He went on to note that in respect of count three, the prosecution must also prove that at least one of the accused had a weapon at the time the offence was committed, that the accused took property or value from the person of another, that they parted away with the property or goods and that there was intention to rob.
He told the court that during the course of the trial, he led in evidence six witnesses and tendered a total of 50 exhibits.
Lawyer Sesay said that the 2nd, 3rd 4th and 7th accused persons had a dispute with the deceased sometimes in 2007 which was followed by a subsequent eviction of the 4th accused (Momoh) and his family. He added that Momoh and some of his relatives including the 2nd 3rd and 7th accused persons had attacked the deceased prior to the incident in February and were charged to court and later convicted and imprisoned.
He continued to note that having served a portion of their time, their sentences were terminated. He said that on the 12th February 2017, the accused persons and others unknown, went to the house of the deceased at Hill Cut Road, armed with a gun and attacked the deceased.
He stressed that two of them went into the house masked and attempted to drag the deceased out of the house, during which the wife of the deceased who was in the room overheard the voice of the 3rd accused (Albert Momoh) directing the two men who were masked to drag the deceased outside the house.
He maintained that the 3rd accused ordered the deceased to shut up as he was pleading the other two men to let go off him, adding that they succeeded in dragging the deceased to the parlor and shot him in his head and took away his mobile phone and physical cash which was in a plastic bag.
Lawyer Sesay further noted that the accused persons ran in different directions and two of the accused, one of whom was carrying the gun on their way were discussing that their instructions were not to kill the deceased.
He added that their discussion was overhead by the 3rd persecution witness who testified before the court under the protected identity of Cloud 7, who was using the rest room outside his house. He added that the accused persons later came to eliminate the person whom they believed overheard their discussion during which the identity of the 1st accused (Daniel Sellu alias Dust) was revealed.
He also referenced the confessional statement of the 1st accused which he made to one Mohamed Ishmael Conteh at the CID
In his own address, defence lawyer for the accused persons A S. Ndoleh said that the prosecution presented two factual witnesses and four formal witnesses, citing that the evidence put before the court by the prosecution was full of so many loopholes.
He said that according to the 2nd prosecution witness Mrs. Kama Sesay (wife of the deceased), the number of people who attacked their house on the 12th of February in 2017 were not more than three: the two who entered the house and one whose voice she said she heard from outside, adding that 7 people were later arraigned before the court which he said pointed to the fact that the prosecution didn’t know the person who entered the house.
He went on to note that the prosecution didn’t conduct an identification parade for witness Cloud 7 to identify the people he said he saw while he was outside using the rest room that night.
He argued that Mrs. Sesay’s claim that she heard the voice of the 3rd accused because she knew him since he was a boy was misleading as no voice identification parade was conducted by the police to verify the said voice she heard, adding that the voice of the 10 year old she knew cannot remain the same after 11 years and therefore urged the jurors not to attach much weight to the said evidence.
He stressed that there was no forensic evidence before the court to establish that two of the exhibits (green slippers and torchlight) belonged to the 1st accused as claimed by the prosecution, adding that similar slippers could be found in any market.
He concluded to note that the confessional statement of Conteh at the CID should not be considered by the jurors because he didn’t have the opportunity to cross examine him as he died in prison. He urged them to return a non-guilty verdict for all accused persons on all counts.
Justice Sesay adjourned the matter to the 9th December 2020, for his summing-up address which will be followed by the juror’s verdict.
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