The defence lawyer, A. Bah in the alleged murder of Hannah Bockarie at Aberdeen has furnished the court with a document from Mental Home, stating that the second accused, Paul Kongo, has a mental problem, meaning he is insane.
The defence lawyer submitted the document to the Presiding Magistrate of court No. 1, Magistrate Komba Kamanda on the 19th November 2015 while he was on the verge of adjourning the matter because the prosecution witness was absent.
It must be recalled that since the 3rd of November 2015, when the first prosecution witness testified, the prosecution has not presented any other witness before the court for the past two adjournment dates.
Defence Counsel, A. Bah disclosed in court that the second accused is an escapee from Mental Home and therefore declared that his client cannot stand trial.
While the Police Prosecutor, Assistant Superintendent of Police (ASP) Kamara was raising suspicion over the issue, Magistrate Kamanda stated that according to the Criminal Procedure Act (CPA), he did not have the power to question the authenticity of the document, adding that he believed that the police also do not have the authority to question such document.
He disclosed that the CPA commanded him to make an order to the Doctor of the Mental Home to file in a report concerning the mental status of the accused.
Magistrate Kamanda ordered that the Director of the Correctional Services must take the accused to Doctor Nahim at the Mental Home for proper check-up and by the next adjournment date, he (Dr. Nahim) must furnish the court with a comprehensive report which will be attached to the case file.
The matter was adjourned to 30th November 2015 for the first accused, Mohamed Lamin Kamara, to continue his trial.
Both accused were charged with murder contrary to law. According to the particulars of offence, on the 13th August, at Lumley Beach Road, Aberdeen, the accused murdered the deceased.
According to the evidence, the accused was found lying “half naked, legs widely open, pant on one leg and mouth filled with sand.”
By Emmanuella Kallon
Friday November 20, 2015
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