Supreme Court Orders Judge and Jury Trial for Abdul Kpaka; Case Reassigned

In a landmark ruling, the Supreme Court of Sierra Leone has ordered that Abdul Kpaka’s murder case proceed under a judge and jury trial, overturning the earlier decision to have the case heard by a judge alone.

This decision follows a defense application citing concerns about the fairness of the trial and bail conditions for the accused.

Lead prosecutor AJM Bockarie opposed the move, referencing Section 144(2) of the Criminal Procedure Act of 1965, which permits non-capital cases to be tried by a judge alone. Bockarie argued that this provision, when invoked by the Attorney General or with the accused’s consent, aligns with legislative intent to streamline judicial processes for non-capital offenses. He further emphasized that judicial independence remains intact under the current framework.

On the matter of bail, Bockarie underscored the gravity of the charges and the flight risk posed by Kpaka, urging the court to maintain the denial of bail.

Despite these submissions, the Supreme Court ruled in favor of the defense’s application, mandating a trial by judge and jury. The court, however, upheld the High Court’s decision to deny bail, reiterating the severity of the allegations and the associated risks.

Additionally, the Supreme Court ordered the case reassigned to a new judge, removing it from Justice Momoh Jah Stevens. Chief Justice Komba Kamanda will oversee the reassignment to ensure an impartial and efficient trial process.

The decision comes after ten witnesses had already testified before Justice Stevens in the ongoing trial. With the Supreme Court’s intervention, Kpaka will now face a fresh trial while remaining in custody at the Pademba Road Male Prison.

This development marks a significant turn in one of the country’s high-profile legal cases, emphasizing the judiciary’s commitment to upholding fair trial standards.