B y Jane B. Mansaray.
High Court Judge, Justice Ernest Gooding yesterday sentenced an accused, Tamba Koroma who is in his early twenties to nineteen years (19) imprison for killing his younger brother, Foray Koroma a nineteen year old boy.
The accused was originally charged with the offence of murder in 2015 at the Magistrate Court on a Preliminary Investigation and on 8th February 2017, at the High Court, he pleaded guilty to the amended charge of manslaughter instead of murder.
The particulars of offence state that the accused, Tamba Koroma on the 8th July 2015 in Freetown unlawfully killed Foray Koroma of the same family and residence in Freetown.
According to the convict’s voluntary statement to the Police in July 2015, he recalled on the said date in Freetown when he on behalf of his biological parents took a disciplinary action against his younger brother who is now deceased.
The disciplinary action is said to be taken by the convict on cautioning the deceased for coming home late with ten lashes of the cane.
After taking such a decision, the convict said the deceased took out a knife and upon preventing the deceased from stabbing him (convict), he (convict) then took a stick and struck it on the deceased head twice, with a statement “you deserve to be treated like an animal”.
The deceased was later rushed to the hospital and died three days after the incident.
In her plea of mitigation on behalf of the convict, Legal Aid Board Lawyer, S.B. Brown said the convict is a young person and a first time offender that has learnt his lesson and willing to be a better person in society.
She therefore kindly asked the Court to temper Justice with Mercy and apologized on behalf of the convict to the court and the entire family for his action of which he (convict) had shown a sign of regret.
In his ruling, Justice Gooding said that as far as the Law is concerned, the convict had no right to punish the deceased who was above the age of consent, as he (deceased) had his own right to do that suited him best.
By taking such action on the deceased, Justice Gooding said the convict is guilty on the indictment of Manslaughter.
Based on the seriousness of the offence, Justice Gooding sentenced the accused to the said jail term to be served at the Pademba Road Male Correctional Centre in Freetown.
The sentence, according to Justice Gooding will serve as a lesson to every parents, teachers and carers.
Factual and formal witnesses including the Government Pathologist, Dr. Owizz Koroma and police investigators testified during the trial.