Dumbuya Koroma v S (CRI APP 1 of 1982) [1982] SLSC 7 (14 July 1982)

C.Rs 1/82

Coram

The Hons Mry Justics B. Livesey Luke, C.J, = Presiding The Hon. Mr, Justice O,a, Harding, J.8.C, The Hon. Mr, Justice 0.B:R. Tejan, J.8.C, The Hon, Mrs,Justice A.V.A. Amumor-Renner, J.S.0+ ‘The Hon. Mr, Justice S, Beccles Davies, J.S.C. DUMBUYA KOROMA . = APPELLANT : Ve. : THE STATE - RESPONDENT SOLICITORS: E.A. Hailoway, Esq. for Appellant A.K.A, Barber, Baq. for Respondent JUDGMENT DELIVERED ON THE 14TH DAY OF JULY, 1982 Awunor-Renner, J.S.C.:- The appellant was convicted at the High Court Moyamba on the 7th day of November 1979 and was sentenced by Williams J, to death, He appealed to the Court of Appeal and judgment was delivered on the 21st day of January 1982 dismissing the appeal and affirming the conviction and sentence of the’ High Court, It is against that decieion that the appellant has now appealed to this Court on the following grounds, vizi- .

(1) That the Court of Appeal erred and/or misdirected itself in holding that “In any event upon a careful review of the evidence in this case, there is no evidence to support the issue of provocation being left to the jury",

(2) That the trial judge usurped the functions of the jury as judges of facts in, assessing the weight of the evidence in this case oubstantially in the summing ‘up, F 1bbovee

(2) Tat chaving regardito the grounds or” APPel above and their cunmutative effect’ Npon this case the trial judge cationg, Of occasioned @ substantial

“\ midohertage of justice in the trial of the appertant.

(4) That the decision of the Court of Appeal is unreasonable or cannot be Supported, having regard to the

Evidence

Let me say here in passing that although there were other Additional grounds of Appeal this Court refused Counsel leave Yor the appellant to argue them as they did not relate to matters raised before the Court of Appeal. “He was also asked to give further and better particulars of grounds 2 and 3 above which he did. I propose to deal with the grounds of appeal later, I have no intention of going through all the

| evidence that was adduced but only to state the relevant facts | ue bekadity a0 1 Gani, fw apsaliant Sepa, Renin oes, sin husband of one Fatu’Gbla, who had been having an affair with the deceased Joseph Minah, Patu Gbla and the appellant had a eon Tamu Koroma vho was also @ prosecution witness in this case, It appears that the appellant became suspicious of the relationsnip between the deceased and the appellant and so whon Fatu became i11 he refused to holp her and instead carried out a swearing corenony and threatened that unless she confessed the tiiness vould grow worse, She then confessed ana pegged the appellant to forgive her. Whether he aid so or put on the day of the alleged incident cae Fee fe were sitting on the verandah when Toe a a CAST RE Sat aim Go tha saunt the deceased went past the BOREAS) ame “Gnaidrgy Meludiag TARY who was the on of whore he met 2 bares Veins

? Oke pty | Sites ee meee ! Bandabama to buy kor, fs Ceene. He returned ate in the night H without having bought any kerosene ahd told Patu that he had met up with her boy tricia’ the! man she had been boasting about. mpdaeistindinncsoueetemena te following day the corpse of the deceased was found floating at the wharf by Tamu and one Biareh Bangura another prosecution en on al eetioniaat sya seeresearencred ".. ene Pa Allie to tie a rope round it and throw it into the + river agains, Taree months lates when the police came to iia rererne aren ao that he took the appellant to Mano Wharf and that the appelant Sr maoeiaiar areal sural nciwtiar pRDaRSUCORCa Ten ar wr ee eee ara bean ete renin i =n voce cone : and stated as follows, -I quote az recall the 16th January 1979 I was on duty Rosanna enon omen noe men smi men on the.12th October 1978, The remains were : identified to me by one Ansumana Kpaka tunele of the deceased of Mokumba Village, io tt me ann nomen i | 166 even i” ie ee ee ee eee Se 9 ee

4 Te okulr - Bsa ee Parte of lower and upper Limbs Few ribs There were few soft tissues on the base of the skull, There were fow soft tissues left in the pelvic area. There were fow pieces of rags which were alleged to be the clothes i which the deceased was wearing when he died. : Cause of death: Fracture base of skull, consistent with either the victim falling on @ hard surface from a height or a blunt object administered with force on the skull." At this etage I vould not be amis if I were to mention that the appoiiant made two statements which were tendered in evidence in the High Court, No objection as to the voluntariness of the statements vere ‘made in that Court. The only. point raised was that the statements offended against the Hearsay Rule as they had been taken through an interpreter who had not’ been called to give evidence of this. However both statements were eventually admitted in evidence. In the first statement which was tendered in evidence the appellant had this to say. wt is true that I am the one who killed the deceased Joseph Minah on the road leading to paoma Village on a certain day sometime in the month of October 1978. ‘the reason why I killed the deceased vas that ny wife Fatu Obie had earlier confessed hin to ne, Thad ali the time been after the deceased row my woman palava but in vain. .The deceased Joseph Minah did not tiake any settlement to mo,” . mnie coused mo to asteck him-and 111 him on, hie ral : ay to Baona Vitlage, fr08 ay village Mano Whars. | i M8teeee tT ATTN aes |

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