Addressing the well attended court session, Ishmael Mammie further submitted that, the onus in on the prosecution to prove its case beyond all reasonable doubt, but that during the Director of Public Prosecution who is the lead prosecuting counsel, Sulaiman Bah address to the court, he failed to lay a solid legal foundation and grounds coupled with sufficient evidences connecting the 1st accused to the offences charged.
He argued that, the prosecution led seventeen witnesses and none of them ever testified at the trial that they saw, witness or heard the Mbaimba Moi Foray machinating and conspiring with the other two accused persons to murder David Sydney Buckle at the birthday party of the 3rd accused, Avril Oredola Renner which was held on Friday 22 May 2015, in the residence of the Mbaimba Moi Foray at Cemetery Lane, Aberdeen in the west end of Freetown.
Lawyer Mammie implored the jurors who he referred to as judges of facts and men of the reasonable world to thoroughly and critically peruse the evidence of seventeen witnesses brought forward by the prosecution and come up with a verdict based on the principle of fair play and justice, in terms of determining whether the Mbimba Moi Foray is guilty of the offences charged or not.
He also argued that the prosecution also filed woefully to provide evidence in relation to who kill David Sydney Buckle, where was he killed, why was he killed and when was he murdered, noting that the learned State Prosecutor merely swart his address on the circumstantial he could not vividly and evidently substantiate throughout his address the court.
Lawyer Mammie submitted that the 3rd accused Avril Oredola Renner did not stage her birth party in the residence of the 1st accused, Mbaimba Moi Foray with the intention to murder David Sydney Buckle, and that in her statement to the police, she said she did not invite the deceased to her birthday party and apart from that, there were no report of major incident throughout the chilling.
The young and energetic legal luminary noted the prosecution submitted very weak and unconvincing evidence on murder charge preferred against Mbaimba Moi Foray, as there were no tangible instruments to tender in court, especially when no evidence was led by the seventeen witnesses that they were privy to the dastardly plan of the accused persons to murder D J Clef at that birthday party.
He also questioned that the autopsy examination report tendered by the Dr. Semion Owiss Koroma is conflicting, glaringly contradictory and submitted that the report is not the germane to the trial, as it could not state the correct date and place of incident including other relevant facts and statements on the witness box while he was been crossed examined by the defense lawyers, and concluded by canvassing the trial judge and jurors to realized that the faith of the accused person lies in their hands and must do all they could to ensure that justice is done to whom its due.
Earlier in his address, the Director Public Prosecution, Sulaiman Bah submitted the prosecution has proved sufficient circumstantial evidence backed with exhibits connecting Mbaimba Moi Foray aka LAC, Foday Amara Kamara aka G Fag and Avril Oredola Renner aka Oreh to the offence of Conspiracy to Commit Murder and Murder and contrary to law.
He countered Lawyer’s Mammie submission that, the evidence of Sahr Moseray, Tunde Scott, Sonita Samura Oseh Libo and the other witnesses who testified at the trial clearly stated that, they last spotted David Sydney Buckle aka D J Clef moving out of the swimming pool wearing a red boxer and heading towards a generator room in the residence of the Mbaimba Moi Foray.
Lawyer Sulaiman Bah explained that, the witnesses told the court that they even went in search of David Sydney Buckle within the compound shouting Clef, Clef, Clef but that, he could not heard or seen at that material moment until, he mortal remains was dumped at the Macualey street cemetery at Murray Town which is approximately three miles to the residence of Mbaimba Moi Foary on cemetery Lane in Aberdeen, west of Freetown.
He said a video clip which was shown and tendered by a Freelance Journalist, Sylril Smith also showed the deceased was wearing a red boxer, wrapped in a brown colored vehicle dust cover with a yellow nylon rope tied to his feet and he was buried with those exhibits already in evidence.
The evidence of the a delta security who was assigned to the 1st accused Mbaimba Moi Foray, he went testified that the yellow nylon rope, the brown vehicle dust cover and the brown carpet used to be in the residence of the Mbaimba Moi Foray, but that after the birthday party on the following day, when he took up duty, re realized that the above stated item had gone missing in the compound.
He concluded that the three accused persons are responsible for the death of David Sydney Buckle and that, they murdered him in the residence of the 1st accused, Mbaimba Moi Foray on the basis of malice afore thoughts and also canvassed the jurors and the trial judge to nail all accused persons for the offences charged.
The 1st accused Mbaimba Moi Foray was defended by Lawyer I.P Mammie, the 2nd accused, Foday Amara Kamara was represented by Musa Pious Hemor Sesay and the 3rd accused, Avril Oredola Renner was represented by H.M Gavoe.
The matter comes up today Friday 26 August 2016.