By Mohamed Kai
A trial judge adjudicating over the High Court No.1 at Siaka Stevens Street in Freetown, Hon. Justice Ivan Sesay has said that he would soon deliver a ruling to an objection raised by two prominent human rights lawyers, who are defending six accused persons charged with the offences of Conspiracy to Commit a Crime and Murder, contrary to law.
The two defense Lawyers, Ibrahim Tommy and Augustine Marrah objected to the forensic analysis and electronic devices of conversation of the sixth accused person, David Williams which was about to be tender in evidence by the ninth prosecution witness, Detective Police Constable, Mohamed Jusu.
Lawyer Ibrahim Tommy is defending the first accused person, Francis Mafinda and argued that the said forensic analysis and electronic conversation of the sixth accused person is a transcript which could be presented by any member of the KLYmax Social Club.
He further argued that the witness also failed to furnish the court with the extract of the said conversation between the sixth accused person and members of the KLYmax Social Club.
According to Lawyer Tommy, in the absence of one fathom six tecno mobile phone which the witness used to collect and collate his findings, the court would not be in a reasonable position to determine whether the content was tampered with by way of editing and inserting materials.
On his part, Counsel for the first, second, third, fourth, fifth and sixth accused persons Augustine Marrah added that the entire piece of evidence about to be tender by the witness is inadmissible.
Barrister Augustine Marrah informed the court that the fathom six mobile phone which the witness used to conduct forensic analysis and electronic devices should not be tender in evidence.
He stated that the ownership and authenticity of the said document about to be tender is questionable, and that even the said mobile phone was not produce by the witness.
Lawyer Marrah intimated the court that the witness could not produce the lap top dell computer, which the witness used to collect his findings; no receipt or confirmation from the relevant mobile operators, confirming the registration details of the subscriber’s sim number.
Detective Police Constable, Mohamed Jusu had testified that he is attached to the Cyber Crime Support Department of the Criminal Investigation Department headquarter in Freetown.
He narrated that some of his duties include, investigation and forensic analysis of all electronic devices and cyber related cases assigned to him, and that he recalled the incident of 20th July 2018.
The witness also intimated that on the day in question, he received a correspondence from the homicide unit of the Criminal Investigation Department headquarter, including cyber identity module, sim number, and one fathom six tecno mobile phone for analysis and forensic examination.