Justice Adrian Fisher has refused the first bail application made in the High Court by Lawyer Roland Wright on behalf of former Skye Bank Manager Ikubolaje Nicol, who is indicted for the alleged murder of junior co-worker, Ms. Sinnah Kai Kargbo. The judge said the application did not meet the standard required. Justice Fisher said if granted bail the life of the accused will be put at risk.
Lawyer Wright had told the court that the accused had been in incarceration for over seven months since the commencement of the Preliminary Investigation saying that the constitution of Sierra Leone leaves the question of bail at the discretion of the judge. He said if his client were to be set free at the end of the trial, it would mean that he would have spent two years or more on remand already.
Wright argued that there was no evidence at the preliminary investigation to show the circumstances of the death and that the accused had been deprived of the opportunity to provide more evidence at this trial since he is still behind bars.
In his reply to the bail application, State Prosecutor, Ahmed J.M. Bockarie told the court that the defence ought to have submitted an affidavit and urged the judge not to grant bail to the accused at this stage because he is indicted on serious offences which can attract life imprisonment.
The prosecutor also noted that on the issue of conspiracy, there is another person on the run that ought to have been charged, pointing out that at the preliminary investigation stage, it was clear that the accused had been in contact with others involved in the alleged murder even when he is incarcerated. The prosecutor described that as a matter of “serious concern”. He said granting him bail will put him in a position to tamper with the case.
According to Lawyer Bockarie, at least three of the prosecution witnesses were under the supervision of the accused at Skye bank and that in any case it was “too early in the trial to grant bail when the court has not laid hand on the evidence”.
Justice Fisher adjourned the case pending a ruling by the Supreme Court on matter put forward by the defence including whether the Attorney General and Minister of justice, and the Director of Public Prosecution (DPP) were constitutionally mandated to apply for life imprisonment offences be tried by judge alone.
He said this was first time those public officials were making such application and that the Supreme Court’s decision will become a precedent in Sierra Leone.
Justice Fisher said he would ask Supreme Court to speedily decide on the matter, possibly within 14 day.
Copyright © 2023 Politico (21/06/23)
