Dumbuya Koroma v S (CR APP 1 of 82) [1982] SLSC 1 (14 July 1982)

6. ay He 10S id ©.Ri 1/82 7" CORAM: } The Hon, Wry Justige B, Livesey Luke, C.J, - Presiding The Hon. Mri Justive C.A, Harding, J.8.C. 7 The Hon, Mr, Justice 0.B:R, Tejan, J.S.C, The Hon, Mrs,Justice A,V.A, Awunor-Renner, J.5.0. ‘he Hon, Mr, Justice 8, Beccles Davies, J.8.C, DUMBUYA KOROMA © = APPELLANT va. . que stare = BspoNDewr SOLICITONS: A. Halloway, Esq. for Appeiiant AckiAs Barber, Bigs for Rosvensent JUDGMENT DELIVERED OW THE 14TH DAY oF JULY, 1982 a drmaxsHomasi. 1.5.0/0" | ths) sygeliant?ies cortantea| ati coe High Oourt Woyamba en the 7th day of Movember 1979 and wae beatenoed by Néillens|J¢Aojdantly Hevarrecssa ae telnet of Appeal and faigient vas delivered on the 21st day of Sapuary 1982, dtsmivathg, thofapyeni. andiatrtcaiiyg, tes cotvis tice and sentence of the’ High Court. it 1s against that decision dint) thie] eppetiantines| nau appanieg ee tte Ook tye ta foliowing grounds, vist

(1) Tat the Court of Appeal erred and/or misdirected itself in holding that tis ‘orgy sevant upsnie caconleerten of the: avadaues\ami tnisfaateigentze 5 |e otadenoe: to supporter’ iota of provocation being left to the jury".

(2) That the trial judge usurped the Fusetious [of ens jury as siete oe faote in assessing the veteht of the = evidence in this case substantially a lonelammmsetae!

65. ot | ne spmensane anh nas vabsi “a0 analrgpecine agaegiios ters | | the house @nd said that he was going to e-village called Bandabana to buy kerosene, He returned late in the night {without having bought any ketoseno snd told Fatu that he had met up with her boy frien’ the’ man she had been boasting about, - His shorts were wet and he! had his matchet with him, On the following day the corpse of the deceased was found floating at the wharf by Tamu and one Biareh Bangura another prosecution witness, The Town Headman who was the second accused in this case was informed about 4t; He came down to the wharf and after he was shown the corpse of the deceased he instructed : one Pa Allie to tie a rope round it and throw it into the Fiver again. Taree months later’ when the police came to investigate Henry Gbemoh a Detective Police Sergeant claimed that he took the appellant to Mano Wharf and that the appelant showed him a place along the river bank whore he said that he had attacked and stabbed the deceased to death and that as they walked along the edge of the river some bones were discovered which looked 1ike human bones, One William Roberts a pathologist attached to the Bo Government Hospital also gave evidence before the trial judge and stated as follows, I quote “I recall the 16th January 1979 I was on duty on that day I had cause to perform a post= mortem examination on the skeleton remains of one Joseph Ninah alleged, to have died on the 12th October 1978, The remains were , identified to me by one Ansumana Kpaka uncle of the deceased of Mokumba Village. My examination was carried out at the Moyamba Police Station, On examination the “ ekelecon remains were:

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i 66. ek rt (od j me oun . Parte of lower and upper Linbs , Few ribs Tore vere fev soft tissues n the base of the skull, Thore were few soft tissues left 5 shithe) pokrde| areas! tee vere) eedipieace of rags which were alleged to be the clothes : which the deceased vas veering when be died. Cause of death: Fracture base of skull, consistent with either the victim falling on Ape eee ee - oujest, sassaisterea/veenlzesee cay mnefeasaite At this, stage. X would ‘not beiants ari sitece te) eee vacctease the aypetiant nade ‘tvs tatsnonts ivnian wereltenterealicieniaeise 4m. the igh Oourtvig io{ oojectasn ae selene teiatteriaeet egies stnteaents ware‘nside\an’eiat Gourd’ ttisiomy print eteoed vas that the statenents offented against the Hearsay ile 00 they ined. been. taken’ through jen anvereraves/um (hed oer Gesticmtiits sive evidence of thin, Hovever both statements were eventually adnisted in evidence! In the first atatenent vaton vee ‘tendered in evidence the dppeliant had this to sey, 28/15) tree] Gat dian ths) ous! nao ttaadhiet deceased Joreyh Hinsh ou the road leadilg to aca ,Vtiage cas ceztain| aay. tonstine jin the month of October 1978, Me reason vhy I killed the decensed vas that wy Wife Paty Gola tnd sariter confesned iin to ws. /Xihnd al EBU\time (besa ‘artes ene dsesasea > for my woman palava but in vain, The deceased Jovept Minah daa ust oaks aay *Geesienese esta’ : This caused we to attack hin and Kill him aa. hie ; 2 way to Baoma Village, from my village Mano Wharf. F622... Se een Se Ss aes,

on 104 Town Chief Alueine Sesey 1s wel} avare af Nae the woman palava between myself and the 3 - deceased Joseph Minah, This dispute had been between myself and th deceased for about a year now as he did not pay no heed to it this 5 made mo to have attgoked and kill him on his way to Baoma village where he was going to pass the night," The statement continues as ‘follows: "It 4s true that I am the one who stabbed the deceased Joseph Minah to death with my cutlass by giving him four stabs on his neck and shoulder blades before he finally died. After he had died I then pushed or dragged the deceased's body to the river where I threw it before I returned to the village. It is true that I am, the one who killed the deceased Joseph Minah sometime in. the month of October, 1978 on his way to Bagma village. It was Jealousy which tempted me to do.so. I am only asking for merey, That 4s ail." In the second statement gppellant said and I quote. "Xt is truo that I am the one who killed the deceased Joseph Minah on. the road between Mano Wharf and Baoma Village sometime in October 1978 about three months ago, I am } only asking for mercy, That 1s all.” The appeliant, during the course of his trial, when asked . 4£ he had anything to say or whether he wished to give evidence elected to make an unsworn statement from the dock vhich eon= flicted with the two previous statements, He stated as follows: x

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