By Feima Sesay
Lawyer Roland Wright defense counsel for Bola has on Thursday 23 March 2023 said in his no case submission that there is no evidence to show that his client committed the alleged murder.
He made this submission before magistrate Mark Ngegba of Pademba road court No1 after the prosecution closes their case.
The learned lawyer started by expressing his sincere sympathy to the bereaved family of Sinnah Kai Kargbo.
The prosecution he said has absolutely failed to establish any offense whatsoever against Ikubolajeh Nicol.
According to him, no evidence has been adduced to show that the accused acted in any manner that resulted to the death of the deceased.
The core witness of the prosecution he said corroborated on how the deceased had the attack and was rushed to the hospital by the accused.
He said there has not been any explanation about the cause of death because the death certificate that was tendered cannot be relied on in so far as the maker of the content has not been brought to testify in court.
The said document he said is a mere opinion which ought to be tested. So the content of the death certificate must be disregarded.
He said there is also a total absence before the court that somebody died.
He added that three witnesses testified that the deceased was still alive on to the time she was taken into the hospital ward. The hospital he argued doesn’t take dead patients into their wards. So, therefore, the fact that a nurse alerted her colleagues to prepare the ICU of the hospital after several minutes of checkup on her down stairs shows that there the deceased was still alive when she was brought to the hospital.
The doctor and nurse who attended to the patient had testified before the court about foaming at the mouth as a result of excessive fluid in the lungs.
“It will appear the cause of death certificate was predetermined, hence the author did not come before the court to be tested”, he said.
“The prosecution did not say there was a quarrel or a fight, all their witnesses said they met her on the floor and they put a spoon in her mouth to prevent her from biting her tongue”. That he said defeats their argument of strangulation.
The Prosecution objected that the defense at this stage cannot make a no case submission. But that application by the prosecution was overruled by magistrate Ngegba.
However, the matter was adjourned to Friday 24 March 2023 for continuation of the No case submission.
It could be recalled that the accused Ikubolaje Nicol is standing trial for murder
The police alleged that the accused on diverse dates between 15th and 16th October 2022, at Leicester is alleged to have conspired together with other person’s unknown to murder Sinnah Kai Kargbo.
