Lawyers representing six members of the Klymax Klub, a social club of Fourah Bay College, on Thursday 17 January 2019 submitted a “no case submission” after the prosecuting counsel failed to proceed with their case. The six accused persons were charged with the murder of Madison Bio, a fellow student and club member. The lead counsel representing the first accused submitted his own written “No Case Submission”. His no case submission is grounded on two fronts. Firstly, he said the prosecution has failed to provide sufficient evidence to prove their case. He cited Section 118 of the Criminal Procedure Act of 1965 that talks about sufficiency of evidence if a prosecution is to prove their case. He went on to say none of the witnesses mentioned the name and identity of the first accused person except the police witness. S.M. Bangura, counsel for the first accused, Francis Mafinda, and urged Magistrate Santigie Bangura to discharge the matter and not send it to the High Court. The lead counsel for the second to the sixth accused person, A.S.Marrah, also submitted his own written “No Case Submission” citing the same reasons and same grounds. Marrah said the evidence against the accused is not sufficient. He went further to say that none of the factual witnesses mentioned the name and identity of the accused. No forensic evidence has been tendered linking the accused to the crime. He added that the second accused, Dennis Holland, told the Police he was with his family and the Police did not produce any evidence to the contrary. Marrah told the Court that exhibit C1-16 in the police document states that the third accused, Lawrence Lahai Amara, was a past member of the Klymax Klub and they expected him to be part of the incident. He said the Court is not a court of expectation. He also mentioned that the first prosecution witness, the “kekeh” rider observed that the accused were trying to help the deceased. He submitted that there is no crime in helping a sick person by taking him to the hospital. Marrah submitted that the prosecution has failed woefully to prove a case and has not satisfied the principles and direction of the law. Magistrate Santigie Bangura adjourned the matter to the 22nd January for the prosecuting counsel to reply to the submissions.
SKS/17/1/19
By Sulaiman Karim Sesay
Friday January 18, 2019.