By Sahr Ibrahim Komba
December 14, 2020 (232News)
FREETOWN – On the 9th of December 2020, Justice Monfred Sesay sentenced seven men to death by hanging for allegedly killing one Zaious Sesay on the 12th of February 2017, at Hill Cut Road Freetown.
The accused persons were convicted on three counts charges: conspiracy to murder, murder and robbery with aggravation. The accused persons (Daniel Sellu alias Dust, John Junior Kamara alias Little, Albert Momoh alias Raster, Alfred James Momoh alias Lion, Mohamed Fernado Kanu alias Jada, Christopher Sellu alias Wizzy and Alfred Sullay Momoh alias Timaya) pleaded not guilty to all the charges.
Before sentencing them, the Judge told the accused persons to open their case in defense and gave them three options: to testify from the dock, take the witness stand and testify on oath or bank on their statement made to the police.
The accused persons chose the last option and added that they do not want any witness(s) to testify in their defense.
The Judge however recorded it and asked the prosecution and the defense to give their closing addresses.
In his closing address, the state prosecution J A K Sesay Esq told the judge and the jury that the accused persons were indicted on three count charges: conspiracy to commit murder, murder and robbery with aggravation contrary to section 23(1)A of the larceny Act of 1916 as repealed and replaced by section 2 of the Imperial Statute.
Lawyer Sesay said he tendered fifty-one 51 exhibits and summoned ten prosecution witnesses, including the Government Consultant Pathologist, Dr. Simeon Owizz Koroma who established the cause of the death.
He also submitted that conspiracy is an agreement between two or more persons to do an unlawful act by an unlawful means and that the prosecution has proved that the accused persons came together and murdered the deceased.
He further said robbery is when someone took another person’s property against his or her will by violence or put him under fear.
He said that the deceased’s wife had had a dispute with the 2nd 3rd and 7th accused persons charged to court, convicted and sentenced to a term of imprisonment.
He went on to say on the 12th February 2017 the accused persons with others unknown attacked the deceased at Hill Cut Road and dragged him out of his room and killed him with a gun.
He continued to say it was during the process of killing the deceased the voice of the third accused was heard by the wife of the deceased, Mrs. Kama Sesay, who had testified that the accused made away with a lot of money that was packaged in a plastic bag, mobile phone valued seven Million Leones and other items.
He added that prosecution witness No.3 had told the court that he heard someone calling the name of 1st accused and said “Dust they did not instruct us to kill”
The prosecution had claimed that the accused persons on the 10th and 12th of February 2017, at Hill Cut Road in Freetown, conspired with other persons unknown to murder Zaioux Sesay.
The state also alleged that the accused on the same date armed with gun robbed the complainant off mobile phone valued seven million leones and physical cash.
Defense counsel N S N’doleh Esq said the burden of prove solely rest on the shoulders of the prosecution and that any iota of doubt would be left in favor of the accused persons.
He also said the prosecution witness No.1, the deceased’s wife Kama Sesay had told the court that she only saw two people entered their house and wore mask which could make it difficult to recognize their faces.
He argued that the persons that the deceased’s wife saw that night were not the accused persons. He also argued that the investigator could not tell the court whether the slippers which were tendered in court as evidence, belong to any of the accused persons.
He further argued that the investigator only relied on the statement from PW7 which attracted the arrest of the first accused Daniel Sellu Alias Dust.
N S N’doleh Esq concluded that there was no forensic evidence before the court to ascertain that the slippers belong to the second accused, thus urging the jury to return a verdict of not guilty in favor of all accused persons.
The state had alleged that Daniel Sellu alias Dust, John Junior Kamara alias Little, Albert Momoh alias Raster, Alfred James Momoh alias Lion Mohamed Fernado Kanu alias Jada Christopher Sellu alias Wizzy and Alfred Sullau Momoh alias Timaya conspired, robbed and murdered the victim contrary to section 23 (1) (A) of the larceny Act of 1916 as repealed and replaced by section 2 of the Imperial statute.
There were 10 Jurors out of 12. The Jury unanimously found all the accused persons guilty of the three counts charges: conspiracy to commit murder, murder and robbery with aggravation.
Justice Monfred Sesay acquitted and discharged all the accused persons of the conspiracy charge. He then sentenced the accused persons to death by hanging for the count of murder and robbery with aggravation. The convicts have twenty-one days to appeal.
