By Saio Marrah
Justice Momoh-Jah Stevens, presiding over the manslaughter case involving the former Skye Bank Managing Director Ikubolaje Nicol has ordered the Director General of Correctional Services to furnish the court with updates on the custody location and medical status of the accused.
This order came after the defence lawyer Rowland Wright informed the court that on Friday 10th May 2024 unknown men in uniform whisked the accused away from the Connaught Hospital to a prison without any written document or consultation with the accused’s medical doctor.
Lawyer Wright said the incident took place after hearing on 7th May 2024 when the accused returned to his hospital ward to continue his treatment. The order to remand his client at the hospital was made by Justice Adrian Fisher after the medical doctor at correctional center recommended that the accused be treated at Connaught because the facility at the correctional center was inadequate.
Lawyer Wright, described the removal of the accused from the hospital as “contempt of court” and “direct interference with the accused’s health.” He said the only reason the unknown men in uniform gave while removing the accused from the hospital was “orders from the above.” He also reminded the court that about a week ago, the accused was attacked at the hospital and he reported that incident to the court.
He said his client was under the jurisdiction of the court, not the Correctional Service until he was found guilty and sentenced. “Therefore, he cannot be taken out of the hospital without the court’s consent”.
Responding, the lead state prosecutor for this session, Lawyer Aruna Jalloh said that once an accused is remanded at the Correctional Centre, the Director General of Correctional Services takes jurisdiction over all inmates in terms of their welfare until the remand order is revoked. He said that applies to all inmates in and out of the Correctional Centre.
According to lawyer Jalloh, the defence should channel all their concerns through the Director General of Correctional Services.
He argued that the defence was trying to force the court to interfere with the work of the Correctional Service.
Justice Momoh-Jah Stevens said on April 12, the court granted bail to the accused to be kept at Connaught Hospital for medical treatment noting that the accused’s right of innocence must be respected until proven guilty.
During the same proceeding, the fifth prosecution witness, Chief Inspector of Police, Brima Sama attached to the Law Officers Department, told the court that on Wednesday 8th May this year, he received a subpoena from Lawyer Jalloh for Dr. Mohamed Alie Bangura of Shuman Hospital.
The police officer told the court that he was informed at Shuman Hospital that Dr. Bangura no longer works there and that they do not know his whereabouts.
The witness said he also went to the address of Dr. Bangura where he was told the same thing. He said Dr. Bangura’s phone is switched off.
Under cross-examination by lawyer Wright, the witness admitted not knowing Dr. Bangura.
The case resumes tomorrow, Tuesday 14th May 2024.
The accused is charged with three counts of conspiracy to commit manslaughter, manslaughter and perverting the course of justice.
Copyright © 2024 Politico (13/05/24)
