By mohamedj.bah@awokonewspaper.sl
Freetown, SIERRA LEONE – Justice Alhaji Momoh Jah Stevens has directed the Director General of the Sierra Leone Correctional Service (SLCS) to provide the court with documents regarding the well-being, custody location, and health status of the accused, Ikubolaje Nicol.
The Judge emphasized that the accused’s medical report should be prepared by the SLCS Medical Doctor, and all relevant documents must be presented on the next adjourned date of May 14th, 2024. A court notice document is attached to the order for service on the Director General of SLCS by a court bailiff before the next adjourned date.
During the proceedings on Friday, May 10th, 2024, lead Defense Counsel Roland Wright raised concerns about the welfare of the accused. He said immediately after the accused had returned to the Connaught Hospital Ward on Tuesday 7th May, certain personnel in uniform, without any consultation with the accused’s medical Doctor, and claiming to be acting on orders from above and without any documentation, or disclosing the source of the orders unceremoniously took the accused back to Prison.
This action, Mr. Wright said potentially jeopardizes the accused life. He reminded the Judge of a report two weeks ago of the accused having had an attack, which was brought to the attention of the Judge.
The Defence Counsel submitted that the accused is under the supervision and jurisdiction of the court, and unilateral decisions cannot be taken without the consent of the court.
No mysterious order from above, he said should move the accused from his hospital bed to prison. Only after he is found guilty and convicted, can he (the accused) be under the full control of prison.
“It is a serious threat to the accused health, an unlawful decision, order from above should not be in breach of the law,” Lawyer Roland Wright said.
He implored the court to send a serious message to the person that gave the order, that they should not interfere with an accused who is under the supervision of the court.
On the 27th of April 2024, the previous Judge in the matter Justice Adrian Fisher is said to have ordered for the accused to be remanded at Connaught Hospital, and until that order is reversed he should be there.
The person who gave the order for the forceful removal of the accused from his hospital bed, according to Mr Wright has committed contempt of Court.
Because we cannot identify or locate the person who gave the order, Wright asked the Judge to install the order and with fresh orders to be taken with immediate effect, and ensure that a recognition of the accused status as being innocent be respected and installed.
In response, State Prosecutor Aruna Jalloh argued that once the accused is remanded, the Correctional Service has jurisdiction over his welfare. He cited relevant legal provisions to support the Correctional Service’s authority in arranging the accused’s custody.
Chief Inspector of Police Brima Sama testified as an additional witness, and also the 5th Prosecution Witness.
Brima Sama is a process server attached to the Law Officers Department, he recalled on 8th May 2024 and he was on duty when he received a subpoena from the State Counsel Aruna Jalloh to serve on Dr. Mohamed Alie Bangura of Shuman Hospital.
Upon receipt of the subpoena he left for Shuman Hospital, and at the reception he was told that Dr. Bangura is no longer working there.
He also proceeded to Dr. Bangura’s No. 42 Adonkia Road, Goderich address but was unable to locate him and his mobile cell phone number was switched off.
The witness said he later returned to the office with the subpoena.
Former Skye Bank Manager Ikubolaje Nicol faces charges of manslaughter in connection with the alleged unlawful killing of Sinnah Kai Kargbo, among other charges. MJB/13/5/2024