By Abass Jalloh
Defence lawyers representing Alhaji Amadu Bah, popularly known as LAJ, have contested the photo presented by the second prosecuting witness, Musa Mansaray, a pump attendant, as alleged evidence that LAJ punched his left eye during the incident at Leonco fuel station at Congo Cross in Freetown, over two weeks ago. The defence lawyers demanded the original source of the photo.
Making his first appearance at the Pademba Road Magistrate Court No. 1 yesterday 28th June 2022, the witness narrated what transpired between his co- pump attendants and LAJ and his friends at the Leonco fuel station at Water Street, Congo Cross in Freetown. The witness testified that at the time he was making a statement at the Congo Cross Police Station on 12th June 2022 after the incident, he requested someone to take a photo of him for evidence that LAJ punched his left eye during the incident.
Mansaray explained that he was holding a bag and LAJ at some point collared him for the bag. He said after he refused to give the bag, LAJ punched him and he fell down while still holding on to the bag.
The witness said he handed the bag to the manager and then went to the Congo Cross Police station to make a statement.
In his reaction after examining the photo, defence Lawyer, Madieu Sesay requested the originality or source of both the phone and the photo, stating that the photo was not the original copy. He said contrary to the Criminal Procedure Act (CPA) he requested for an original copy of evidence to be tendered in court.
Sesay also argued that the phone was not the source of the photo. He said the photo shown in court was downloaded with an Itel phone and that it was in the download section with a Samsung phone.
The lawyer representing the State, Yusif Isaac Sesay objected to the points raised by the defence, noting that the witness had already laid the foundation that it was his phone that the picture was taken. He asked that the phone not be tendered as evidence.
Section 70(1) of the CPA of 1965 provides: “Any document purporting to be an original report under the hand of any public officer who is a medical practitioner, dental surgeon, analyst, chemical examiner or geologist, or of any assayer or mineralogist recognized by the Minister of Mines for the purposes of this section by notification published in the Gazette, upon any substance or thing submitted to him for examination or analysis and report, may if it is directed to the court or is produced by any constable to whom it is directed or someone acting on his behalf, be used as evidence of the facts therein stated in any inquiry, trial or other proceedings under this Act.”
At this point, Magistrate Sahr Kekura said he would give a ruling regarding this part of the argument when the matter resumes tomorrow.
The defence renewed the application for bail for LAJ by presenting the medical report that was requested earlier, but Magistrate Kekura refused it on the grounds that they failed to go through the “right procedure” for the said medical report to reach him.
The magistrate earlier requested a medical report of LAJ following his lawyers’ complaint about his health condition. The defence presented the report yesterday in court after cross-examination of the first witness and the testimony of the second witness.The matter was adjourned to tomorrow 30th June 2022.
Copyright © 2022 Politico Online (29/06/22)
