By Arthur Ben Tucker
Hon. Justice Allan B. Halloway of the Freetown High Court on Friday July 10th 2015, convicted and sentenced one Foday Kamara to twenty years imprisonment after being found guilty on one count of manslaughter.
The accused was confronted with the offence of manslaughter. According to State prosecutor, Nigel Brian Eugene Davies, the convicted accused on June 28th 2014, at Waterloo, forcefully grabbed the victim, a nine year old girl on her neck and engaged her in an act of sexual penetration. The prosecutor said that in the process her waist became dislocated due to fracture and she died as a result of it.
Delivery his judgment, Justice Halloway said after reviewing the entirety of the evidence he realized that “the offence of manslaughter means unlawful killing.” The death of the victim was a voluntary action of the convicted accused, as stated in the findings of the first prosecution witness (PW1) who happens to be the Pathologist Dr. Simeon Owizz Koroma. He said the findings which were tendered in evidence as an autopsy report marked as exhibit A1 to 15 is sufficient to state that the accused did the act”
He noted that the victim was sexually violated that was why she died after sustaining spinal cord injuries. He said the pathologist further added in his report that the death of the deceased was superficial and unnatural. He informed the court that exhibits G1 to 9 and H1 to 3 were the voluntary caution statement of the convict in which he made a confessional statement admitting to the police that he committed the said act.
Justice Halloway said the prosecution had adduced sufficient evidence and had further proved all the elements of the indictment. He maintained that the convict told the court during the trial that the victim died in his hand.
“The accused is therefore found guilty for the offence of manslaughter and is convicted for twenty years,” Justice Halloway said.
The convict having found guilty pleaded for mercy and told the court that he is an orphan who had lost his parents at child birth.
The Judge ruled that as far as he is concerned, the conduct of the convict is deliberate as he shows no sign of remorse. He said he was therefore convicted and sentenced to twenty (20) years in prison to be run concurrently. He ordered that the convicted be taken to the Male Correctional Centre at Pademba Road.