As preliminary investigations continue into the murder case against Ikubolaje Nicol, former Managing Director of Skye Bank Sierra Leone at a Magistrate’s court in Freetown, the lead defense lawyer, Roland Wright Yesterday December 13, told the court that the search carried out on the property of the accused was illegal.
He said this while cross-examining Detective Police officer Brima Amara Munu, attached at the Criminal Investigations unit of the Central Police Station in Freetown.
Under cross-examination Detective, Brima told the court that during the search there was neither a lawyer representing the accused nor a Justice of the Peace.
Lawyer Wright then put it to him that since the search was on a Sunday and it was impossible to find Justices of the Peace on that day at their offices the search was illegal.
Detective Brima earlier in his testimony told the court that based on the intelligence received; he prepared a search warrant, noting that there were teams of investigators headed by him, together with the deceased’s family and the accused person, for investigations at the accused’s residence at No. 1 Nicol Drive, Leicester Village.
According to the police witness, upon their arrival at the premises, they opened the doors of the living room and kitchen and were looking for the mobile phone belonging to the deceased. He said some of the items they found were one cloth, a Samsung mobile phone, a lady’s underwear, and a bedspread which they handed over to the police station as exhibits.
The endorsed search warrant was produced for identification and tendered in evidence.
Detective Brima said when they returned to the police station they were told that the matter is transferred to the CID headquarters in Freetown.
Detective Brima recalled that he was on duty when Idrissa Kamara, a relative of the accused, together with Superintendent of police, George Momoh, brought in the accused on allegation of the 13, murders of one Sinnah Kai-Kargbo.
He said he recorded a statement from Idrissa Kamara and detained the accused.
He said Idrissa told him that the deceased had already been taken to the Columbia Davies Mortuary. The witness said upon arrival at the mortuary, the deceased was found lying on a stretcher and was identified by Idrissa Kamara and he then instructed his police officer to take a snapshot of the deceased.
According to him, the deceased wore a white t-shirt, and black trousers, and had a swollen face.
The police witness stated that it was when they returned to the police station that they obtained a voluntary caution statement from the accused, noting that they cautioned and questioned him in Krio and recorded him in English. The statement was produced for identification and tendered in evidence.
Asked to produce the pictures taken at the scene of the crime, the witness stated that the pictures were not taken by him and that they were following Standard Operating Procedure.
Lawyer Wright then applied for the statement of the person who made the report to the witness to be produced and the pictures confirming their presence at the scene of the crime.
Magistrate Marke Ngegba ruled against the defense saying that since the witness did not take the photo and had told the court who took the photo, it was up to the prosecution to state whether to make it available.
At this stage, the prosecution asked for an adjournment as the other witnesses were absent.
The matter is adjourned for Tuesday 20th December 2022. The accused appeared in a blue-black suit and white shirt in the dock. He has been on remand since he was arraigned.
The prosecution alleged that the accused on diverse dates between the 15th and 16th October 2022 at Leicester Village in Freetown conspired together with other persons unknown to murder one Sinnah Kai-Kargbo.
It is also alleged that on the 17th of October 2022 at the Criminal Investigations Department (CID) headquarters in Freetown the accused fabricated evidence with the intent to pervert the course of justice.
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