Magistrate Jah Commits Student To High Court
By: Alimatu Kargbo
Twenty-one-year-old Abu Bakarr Kallay, a student, has been committed to the High Court by Magistrate Mustapha Brima Jah of Pademba Road Court No. 1 to answer to a charge of murder contrary to Section 1 of the Offences Against the Person Act 1861, as repealed and replaced by Section 1(a) of the Schedule of the Abolition of the Death Penalty Act 2021, Act No. 6 of 2022.
According to the particulars of offence, the accused, on Monday, 6th April 2026, at Moyiba, Kissy in the Western Area of Freetown, allegedly murdered Mohamed Bangura.
When the charge was read and explained to the accused, no plea was taken as the matter is before the court by way of committal proceedings.
Leading evidence for the prosecution, Court Superintendent of Police (CSP), Tommy B. Zizer, called Prosecution Witness No. 1, DPC 18670 Mohamed Lamin Bangura, attached to the Regional Police Division at Ross Road Police Station.
The witness told the court that he recognized both the accused and the deceased. He recalled that on 8th April 2026, while on duty at Ross Road Police Station, he received a case and enquiry file transferred from the Moyiba Police Post. The file contained a police medical request form, a Ministry of Health referral form, and the accused person.
He further stated that on 9th April 2026, in the presence of Sergeant 8602 A.K. Kaifala, he obtained a voluntary caution statement from the accused in Krio, which was recorded in English. At the conclusion of the statement, it was read over and explained to the accused, who admitted it to be true by affixing his right thumbprint. The statement was witnessed by the investigator and signed by the witness as recorder. The statement was produced and tendered in court as part of the prosecution’s evidence.
The witness said that on 8th April 2026, he wrote a request for a post-mortem examination on the remains of the deceased. The request was produced and tendered in court. He added that on the same date, together with Scenes of Crime Officer (SOCO) Inspector M.S. Kamara, he witnessed the post-mortem examination conducted by Dr. Simeon Owiz. Following the examination, the doctor issued a cause of death certificate, which was also produced and tendered in court as evidence.
DPC Bangura further testified that on 27th April 2026, he compiled and forwarded a report on the alleged offence of murder to the Office of the Director of Public Prosecutions (DPP) for legal advice. On 5th May 2026, he received advice from the DPP directing that the accused be charged with murder. Both documents were produced and tendered in court.
He said that on 11th May 2026, together with Sergeant A.K. Kaifala, he formally charged the accused with murder using the same procedure adopted in obtaining the voluntary caution statement. The charge statement was witnessed, signed, and subsequently produced and tendered in court as part of the prosecution’s evidence.
The witness was cross-examined by Defence Counsel Mukey Amara Esq.
At the close of the prosecution’s case, CSP Tommy B. Zizer informed the court that the prosecution had led sufficient evidence.
Having carefully considered the evidence adduced before him, Magistrate Mustapha Brima Jah ruled that the prosecution had established a prima facie case against the accused and consequently committed Abu Bakarr Kallay to the High Court for trial on the charge of murder.
