By Yusufu S. Bangura
On Thursday, September 26, the first prosecution witness, Christina Kumba Theresa Kamara, younger sister of the deceased, Sia Fatu Kamara, testified that the relationship between Sia and Abdul Kpaka, the accused, was both verbally and physically abusive.
During her testimony, Kamara described Sia as vibrant and healthy, revealing that she had plans to travel to the United States in early September.
However, the defense counsel, led by Emmanuel Teddy Koroma, challenged her statement regarding Sia’s health, arguing that Kamara lacked the medical expertise to make such claims. He requested that part of her testimony be removed.
In response, state prosecutor Yusif Issac Sesay argued that the defense’s objection had no legal basis, as Kamara’s testimony was based on her close relationship with the deceased. Justice Alhaji Momoh Jah Stevens ruled that the focus of the trial was not on Sia’s health, but rather on the cause of her death.
Kamara continued, recounting the event of the night of August 12, when Sia left their home carrying a green bag, a black computer case, and clothes for the following day. She said Sia had informed her that Kpaka would be picking her up. Kamara testified that her sister had not complained of any illness before leaving.
In the morning of August 13, Kamara received a call from Kpaka urging her to come to the emergency hospital. When she tried to ask what had happened, Kpaka abruptly ended the call, raising her suspicions.
Upon her arrival at the hospital around 9:40 a.m., Kamara was told by a nurse that Sia was being attended to by doctors. Kpaka, who was outside the hospital, expressed remorse, saying, “Christo killed me now because I don’t deserve to live,” which further alarmed Kamara.
Sia was later pronounced dead, and her family gathered to pray. When Kamara saw Sia’s body, she noticed visible injuries, including cuts on her upper lip, blood stains on her lower lip, and bruising.
Those injuries led Kamara and her family to question Kpaka’s role in Sia’s death. Kamara also testified that her sister had occasionally experienced shortness of breath, but described these episodes as infrequent.
During cross-examination, the defense sought to discredit Kamara’s statements about Sia’s health, emphasizing that she was not a medical professional. Kamara conceded that she was not aware of any significant health issues but acknowledged that Sia had experienced breathing difficulties on rare occasions after strenuous work.
Before Kamara’s testimony, the state prosecutor made an application for the accused to be tried by a judge alone, rather than by a judge and jury, citing Section 144(ii) of the Criminal Procedure Act 1965, as amended by Section 3 of the CPA Amendment Act of 1981.
The defense objected, arguing that the application had not been properly served and that it infringed upon the accused’s constitutional rights. Defense counsel also warned that granting such an application could set a harmful precedent.
However, Justice Stevens ruled in favor of the application, citing the interest of justice and the need for an expeditious trial. He ordered that the accused be remanded at the Male Correctional Centre and adjourned the case to Thursday, October 3, 2024, for further hearings.
