After the testimonies of nine prosecution witnesses followed by the closure of the prosecution's case and the submission of no case by the defence counsels for both accused persons, Magistrate Marke Ngegba on Friday committed the matter to the High Court for trial.
Before the committal, Magistrate Ngegba narrated that the accused persons were arraigned before the court on two counts of conspiracy to murder and murder contrary to law.
He said the police had alleged that the accused persons on the 17th June, 2020, conspired to murder Kadiaja Madinatu Saccoh.
He said the prosecution called nine witnesses who were cross examined by the defence counsels, adding that at the end of the prosecution's case, defence counsels made a no case submissions on behalf of both accused persons.
He noted that in a preliminary trial, the prosecution need to prove its case beyond all reasonable doubt, and, as well prove the existence of concrete evidence in the matter.
He said the first prosecution witness, Dr. Simeon Owizz Koroma testified that the deceased died as a result of manual strangulation, haemorrhagic shock and that the death was not accidental, but homicidal.
He said Dr Owizz had testified that the cause of death was unnatural and that the manner or mode was homicidal.
Magistrate Ngegba continues that the defence counsels in their no case submissions said the findings of Dr Owizz Koroma was not trust worthy and that none of the prosecution witnesses had testified that they saw the accused persons killing the deceased.
He said in the area of conspiracy, both defense counsels argued that the prosecution could not provide any element that both accused persons had an agreement to murder the deceased.
He said in reply to the no case submissions; state counsel, Joseph A. K Sesay, told the court that the death of the deceased was orchestrated by both accused simply because the deceased was in their custody before she died.
He said the prosecutor told the court that the deceased was in the hands of both accused when she collapsed.
He said having looked at the evidence before him, he was satisfied that the accused persons have a case to answer at the High Court.
He committed the matter to the High Court for further trial.
The accused persons were preliminarily investigated at the lower court on two counts of conspiracy to commit murder contrary to Section 4 of the Offences Against the Persons Act of 1861 and murder contrary to law.
The State alleges that, on Monday 1st April, 2020, and on diverse dates in June, the accused conspired with other persons unknown to commit murder and, on Wednesday 17th June, 2020, at No. 25 Spur Road in Freetown, did murder Kadijah Madinatu Saccoh.