The charged sheet further disclosed that when the two police detectives that investigated the matter before it was charged to court told the third accused, Sahr Buama James to validate his charge statement by appending his right hand thump print, he vehemently refused to do so.
Furthermore, when the said charged statement of the third accused was produced and tendered in evidence by a police witness, Detective police constable Manso Kargbo of the anti robbery unit at the Operation Support Division of the Sierra Leone Police, counsel representing all the three accused persons , O C Spencer Coker objected to the tendering of the charged statement.
She argued that the charged statement of the third accused should not be tendered in evidence, as part of the court evidence, and in respect of the matter before the court, on the grounds that the said charged statement was not validated by her client.
Also, counsel representing the state, J A K Sesay countered that the law on tendering of documentary evidence stated that the maker, or co- maker, recipient and custodian of documentary evidence were the competent person to tender it in evidence.
After weighing the submissions of both counsels for the state and the accused person in the face of the law, the presiding judge ruled that the witness detective police constable Manso Kargbo was a competent person to tendered the third accused person’s charged statement in evidence , and the said charged statement was produced and tendered , in respect of the matter before the court.
The three accused persons committed the alleged offences in June 2014 at N0.7 Adelaide Street in the Freetown judicial district, in the Western Area of the Republic of Sierra Leon.
He testified that he together with detective police constable Moses E B interviewed all accused persons separately by applying the judges rule, and only the first accused, Ibrahim Saw and second accused, Dauda Conteh validated their charged statements, by affixing their right hand thump prints, before they charged the matter to court.