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The State alleged that the alleged murderers conspired with other persons unknown to murder Tom Davies Jr. on 30th March 2017, in the Freetown Judicial District in the Western Area of the Republic of Sierra Leone.
When the matter was mentioned for hearing, the jurors could not form a quorum to proceed with the matter due to the absence of two of the jurors, thus restraining the court from proceeding with the matter.
As a result, the adjudicating judge, Hon. Justice Monfred Sesay became angry and blamed the jurors, the prosecution and all parties involved in the trial process that they are derailing the trial process.
He wasted no time to discharge the eight jurors present in court, and ordered the Court Clerk to empanelled fresh jurors to proceed with the trial of the five alleged murderers.
After the swearing in of the twelve- man panel of jurors, the State Prosecutor Joseph A.K. Sesay in his opening address stated that the five accused persons are facing two count charges of Conspiracy to Commit a Felony to wit; Murder and Murder, contrary to law.
He told the court that the prosecution is charged with the responsibility of proving its case beyond all reasonable doubt, and to further establish the elements of conspiracy and murder as charged.
According to Barrister Joseph A.K. Sesay, the five accused persons are friends and the deceased, Tom Davies Jr. was a pupil of the Albert Academy.
He further intimated the court that on 30th March 2017, the first and second accused persons, Abubakar Turay and Sinneh Sesay were in a cookery shop at Tengbeh Town, when the deceased arrived in the same cookery shop.
According to him, the first and second accused enquired from the deceased why he wore a red band and back pack or whether he had joined a different clique group.
He intimated the court that the deceased Tom Davies Jr. then left the cookery shop to collect his school materials at home for his regular evening studies at Brookfields.
Barrister Joseph A. K. Sesay went on to say that the deceased was on his way to Brookfields for his regular evening studies, when he met all five accused persons along the way,
He added that the accused persons again questioned the deceased why he wore a red band and black back pack.
He continued that the deceased, Tom Davies was explaining to the accused persons, when they punched the deceased and started beating him.
Barrister Joseph A.K.Sesay further informed the court that during the scuffle the second accused person Sinneh Sesay pulled out a knife and stabbed the deceased on his chest.
After that, he said the five accused fled the scene, and that the deceased was later rescued and taken to a hospital where he subsequently passed away.
At this stage of proceeding, Joseph A.K. Sesay requested the court for an adjournment, so as to enable the prosecution to put its house in order for a speedy trial process.
The fifth accused person was defended by Barrister E.K. Edwards, while the first, second, third and fourth accused persons were represented by lawyer Onikeh C. Spencer-Coker from the Legal Aid Board.
Hon. Justice Monfred Sesay ordered that all five accused persons be relocated at the Male Correctional Centre at Pademba Road in Freetown.
The matter comes up again on 3rd July 2019.
