Proceedings in the murder trial of Abdul Kpaka took a tense turn on Wednesday, 19 November 2025, when Defense Counsel E.T. Koroma openly challenged the credibility of the lead investigator, Detective Inspector Nyakeh Amara, telling him in open court: “You are not a truthful person.”

The confrontation unfolded before Justice Alfred Ganda as contradictions emerged between the investigator’s testimony and earlier accounts provided by the management of Virtues Funeral Home and members of the deceased’s family.

Led in evidence by State Prosecutor Yusuif Isaac Sesay, D/Insp. Amara testified under oath that the investigation was transferred from the Adonkia Police Station to the Lumley Regional West Police Station on 14 August 2024. He told the court that after receiving instructions from the Regional Crime Officer, he formed a team to handle the case and took several investigative steps.

These included preparing an autopsy request letter, being present at the postmortem, conducting a search at the deceased’s residence under a warrant, obtaining witness and accused statements, visiting Emergency Hospital, and eventually charging the accused with murder based on advice from the Law Officers’ Department.

Before concluding his testimony, the investigator tendered a written statement he said was obtained from a nurse at Emergency Hospital, Madam Muretta Mariatu Kamara, who reportedly attended to the deceased, Sia, shortly before she was declared “clinically dead.”

The prosecution argued that the statement should be admitted because the witness was out of the country on medical grounds and therefore unable to appear in court. Citing the 2024 Criminal Procedure Act (CPA), Prosecutor Sesay maintained that the law permitted such an admission.

Defense Counsel Koroma strongly objected, arguing that accepting the statement would deprive the defense of the opportunity to cross-examine the nurse. After lengthy arguments, Justice Ganda ruled in favour of the prosecution, noting that the defense had not challenged the legal basis for tendering the document. The witness statement was admitted into evidence.

During cross-examination, Counsel Koroma asked D/Insp. Amara how many murder cases he had previously investigated. The officer replied, “Many.”

Counsel then questioned him on his interaction with the corpse, asking whether the first and last time he saw it was during the postmortem on 16 August 2024. The investigator confirmed this. When asked who had custody of the body during the investigation, D/Insp. Amara initially said it was kept by “the family, the accused, and the police.” His response drew concern from both the bench and counsel.

Justice Ganda intervened, seeking clarification. The officer then changed his answer, claiming that the body was in the custody of Virtues Funeral Home. The judge again pressed him for accuracy, prompting the investigator to give yet another answer – this time insisting that the police had custody of the body throughout the investigation.

It was at this point that Defense Counsel Koroma told the witness: “You are not a truthful person.”

However, court records presented in earlier hearings contradict the investigator’s shifting responses. Prosecution Witness 5, Madam Wilson, Manager of Virtues Funeral Home, testified on 5 November 2025 that the corpse remained at her facility from 13–16 August 2024 under the care of the deceased’s family. She told the court that the deceased’s cousin, PW2, Sylvester Patrick Kamara, collected the body and transported it to the Connaught Hospital mortuary for the postmortem.

She further stated that the police never contacted or visited the funeral home during that period. Her testimony was consistent with the account she previously gave before Justice Momoh Jah Stevens before the matter was reassigned following a Supreme Court ruling on 17 December 2024.

PW2, Sylvester Kamara, also confirmed that he informed Virtues Funeral Home about the postmortem on 15 August and personally transported the corpse the following day.

These accounts stand in stark contrast to the police version, raising serious questions about who actually had custody of the body during the key period of the investigation – an issue central to the integrity of the murder probe.

Under Section 12(1)–(2) of the 2021 Medical Examiner’s Act, a body in a reportable death must not be moved or altered without the approval of the Chief Medical Examiner, a safeguard intended to prevent contamination and ensure reliable autopsy results. Section 13(2) of the Act makes improperly moving a body an offence punishable by up to three years imprisonment, a fine of Le10,000,000, or both.

At the close of proceedings, Counsel Koroma reminded the court that two rulings were still pending – one concerning the defense’s bail application and another regarding its request for the court to state a case to the Supreme Court. He urged Justice Ganda not to proceed with further hearings while these matters remained unresolved.

Justice Ganda assured the court that both rulings would be delivered on the next adjourned date. The matter was adjourned to Friday, 28 November 2025.