The Director of Public Prosecution Oladipo Robin Masson yesterday closed his case on the FBC murder trial before presiding Magistrate Steven Conteh of court No.1 while the matter awaits ruling.
In his submission the DPP said the totality of the defense is that there was no case to send to the high court. The DPP objected to their submission and stated that the pathologist’s result was credible even though it has been challenged by the learned defense lawyers during cross examination.
He submitted that in the absence of the second report crediting the concept of exhibit ‘w’ the findings should be accepted in its entirety.
He responded to Defense Council Mr. Bangura on behalf of the 1st accused (Saidu Conteh) who said that all the witnesses’ testimonies show that the 1st accused was only present where the alleged incident took place. The DPP laid emphasis on the testimonies of PW4 AND PW16 which stated that the initiates were thoroughly manhandled. DPP urged the court to hold that the assault was not humor.
DPP further disclosed in court that the death of Mohamed Juana is quite explicit as covered by the pronouncement of the pathologist in exhibit W. “I concede that what has not been established is the person who caused the death “, said DPP.
He added that Tejan Cole, the Defense Counsel for the 3rd accused Ajai Johnson Nicol said that there was no evidence against the accused. In response the DPP said that the crime was bodily harm and if the prosecution can relate the crime to the eventual death of the deceased then other incrimating information is needed. The DPP established his evidence in the case of murder.
DPP further responded to Dr Jabbie, Counsel for the 6th accused (Tamba Gbonor) who raised questions about the date the incident took place, – 20th December 2008 – saying that the death of Mohamed Juana was announced after two days. The DPP refuted this saying that the charge was the act that caused the death.
DPP pointed out that PW 5, 10, 11 who were the new initiates who testified in court called out some of the accused persons; 1st ,2nd ,3rd 4th(Saidu Conteh, Bolageh Nicol, Ajai Johnson Nicol, and Mohamed Kallon).
At this juncture the Magistrate adjourned the matter to the 26th May for ruling.