Justice Monfred Momoh Sesay yesterday sentenced Samuel Koroma, Foday Bangura and Peter Momoh Bockarie to death by hanging for killing 65 year old Hawa Rosaline Pabai in 2017. The learned Judge handed down the punishment after the ten-man jury returned with a guilty verdict for the offences of murder and conspiracy after five hours.
Speaking unanimously as judges of fact, the foreman Ibrahim K. Koroma on behalf of his colleagues, said all three accused are guilty of the offences charged based on the evidence unraveled in court.
Prior to the judgment, state counsel Joseph A.K. Sesay in his submission while addressing the court noted that between 30th June 2017 and 4th July 2017, Samuel Kamara, Foday Bangura and Peter Momoh Bockarie together with persons unknown conspired and murdered Rosaline Pabai at the Western Area Urban.
He reminded the court that to prove their case of murder and conspiracy, they called eight witnesses including pathologist Dr Owizz Koroma, a host of police officers and factual witnesses supported by 31 exhibits including the Blue phone of the deceased, kitchen knives, electronic iron chords and a number of statements.
Sesay said first accused Samuel Koroma was a next door neighbour of the deceased at Off Regent Road, Lumley, that second accused Foday Bangura was the deceased’s personal driver, and third accused Bockarie was residing with the deceased as her house help. He mentioned that on 3rd July 2017, the deceased informed the third accused that she had run out of money to up keep the house and that she needed to meet a Mr Amad to help her out with some money.
The lawyer said upon hearing such information, the third accused informed the other accused persons about the development, noting that on 4th July 2017 the driver arrived and picked up the deceased, collected the money, bought some food items in the process, and returned with the remaining money to the house.
He said with the intent to steal the money that night, the accused went to the deceased’s living room and carted away the money, adding that when they discovered that the deceased was aware of their plans, for fear of being prosecuted, they strangled the old woman to death with an electric iron chord and stabbed her twice on the neck.
He said based on the evidence so far in court, the prosecution had proved its case beyond reasonable doubt and urged the jurors to return a guilty verdict against the accused. In his submission, the lawyer for the first accused said his client did not make any confessional statement as claimed by counsel for the state, adding that he was rather reporting.
He also pointed out that since there was no link connecting his client to the offense of conspiracy, he called on the jury to return with a not guilty verdict in favour of his client.
Lawyer Komba Kanu representing the second and third accused said the prosecution had failed to prove their case beyond reasonable doubt, noting that he was unable to prove all the necessary elements of the two charges.
In his summing up, Justice Sesay said the accused first appeared before him on 6th June 2018, and pleaded not guilty to the offences charged. The judge cautioned the jurors to be very prudent arriving at their decision and ensure that the decision they arrive at is the right one.
He noted that there was no direct evidence that linked the accused to killing the deceased, stressing that the prosecutor used circumstantial evidence, which he said is also acceptable. All of the convicts together with their counsels pleaded for mercy before being sentenced to death by hanging for murder. They were discharged of conspiracy despite the jury finding them guilty.
The convicts have 21 days to appeal the judgment.
By Moahamed J. Bah