By Feima Sesay
N’tuma Mansaray – a state registered nurse that was allegedly accused of killing her military husband Mamoud Mansaray at Murray Town barrack has on Monday 11 March, 2024 been acquitted and discharge of murder by Justice Suliaman Bah at the High Court in Freetown.
This came after eight members of the jury out of ten who were judges of fact in the matter returned with a not guilty verdict in respect of the accused.
The accused N’tuma Mansaray nee Bangura was standing trial for the past three years in one count of murder contrary to law.
According to the indictment, the accused on 30th March 2020 at Murray Town barracks Freetown murdered Mamoud Mansaray.
The matter was prosecuted by state Counsel Umu Sumaray and Lawyer Charlie Isreal Williams was defending the matter.
Before the final verdict, the ten man jury after listening to the summing up by the judge retired their seats to discuss on the matter and upon their return, the fore man of the jury said they were not unanimous in their decision, adding that six of the jury found N’tuma Mansaray not guilty of the offense of murder and the four jury found her guilty.
Justice Bah said this agreement was not good and the fore man of the jury asked the judge to explain to them again on the offense of manslaughter, provocation and self defense saying that these were the areas they were finding difficult to understand and that was why their decisions were not unanimous.
After explaining to them again on those offences, the jury retired again to discuss and upon their return again, the foreman informed the learned judge that eight of the jury found N’tuma Mansaray not guilty of the offense of murder whiles the two found her guilty.
Justice Bah then stated that majority carried out the decision.
He said pursuant to section 203(4) of the Criminal Procedure Act No. 32 of 1965 the majority decision stands and based on that section, he aquitted and discharged N’tuma Mansaray for the offense of murder.
Before passing his verdict, Justice Bah in his summing up said N’tuma Mansaray was arrainged before the court on a count charge of murder contrary to law.
He said the indictment stated that N’tuma Mansaray on Monday 30 March, 2020 unlawfully killed Mamoud Mansaray.
He said the Prosecution to proved their case against the accused called ten witnesses to testify in court including the government pathology Dr. Owizz Koroma who said that the deceased died out of 4 centimeters stabbed wounds.
Justice Bah furthered that the deceased also died due to hemorrhagic shock according to the cause of death certificate.
He said all the other witnesses said that when they entered the house during the incident, they saw the deceased lying on the floor and N’tuma Mansaray was lying on top him.
Justice Bah in continuation of his summing up said N’tuma Mansaray in her testimony in court said that she is a state registered nurse attached at the Lumley hospital.
She said the deceased Mamoud Mansara was her husband living together at Murray Town barrack and they are blessed with a girl child.
He said in 2020 she was admitted at the college of medicine together with the deceased and there they fell in love and got married.
The learned judge continued that N’tuma in her statement furthered that two years after their marriage, the deceased started misbehaving and he started sleeping out and she usually received calls from girlfriends of the deceased insulting her.
The judge furthered that N’tuma informed the court further that whenever she talked to the deceased about his misbehaviour, he had to beat her up and she decided not to speak on that again hoping that he would change.
Madam Mansaray in her statement furthered that at one point in time, the deceased was having issues with the Ministry of Health as he was issuing fake nursing certificates to nurses and had been collecting monies from them, adding that he was detained at the Youyi building police post and she pleaded on his behalf and as well stood as surety for him when given bail.
The judge continued that N’tuma in her testimony also stated that she had made several complaints to her mother including mother of the deceased about the behavior of the deceased but he did not change.
She further explained to the court that on the day of the incident, she went to work as usual and when returning, she collected her daughter from her mother and she went home and prepared food for the family.
She said at 5pm, she was at home when two ladies came asking for the deceased and she told them that he was not at home.
She further told the court that the deceased had to pay them as he issued fake nursing certificates to them and he told them to report the matter at the Cockril headquarters and they left.
She said after the ladies left, she then called the deceased on his phone and expressed her dissatisfaction about what the ladies said and the deceased said that he would kill her when he got home.
She said after dropping the call, she called her mother and mother in law that he was going to make a report at the Congo Cross police station about the threatened remarks made by the deceased but her own mother frawned at the decision and she decided to stay home.
N’tuma Mansaray in further evidence informed the court that when the deceased arrived at home, he was hot tempered and she closed the door before him thereby preventing him from entering the house since that what she always did when they had quarrel until he calmed down thinking it was the same process.
She said she was inside when she heard the deceased asking for cutlass to open the door and after a while the deceased broke the door and gained access into the house.
She said the deceased started abusing her and started beating her and she rushed inside the room where their daughter was lying and the deceased followed her and continued beating her and she fell on the ground, adding that she was trying to get up when the deceased slapped her again and she fell on the ground again and she was crying together with her daughter.
She said the deceased then told her that he was wasting time with her and he went to the kitchen and took a knife and she rushed to the parlour and took the bread knife that was on top the freezer.
She said the deceased tried to make advance at her telling her that her mother was going to wear black and she ran to the other end of the room and the deceased rushed at her trying to stab her but she pushed him and whiles doing that the knife she was holding pierced the body of the deceased and he fell on the floor and she started shouting for help.
She said she ran outside the room to the parlour but the door was locked and did not know where the key was and so the neighbors broke the door and they entered the house.
She said they were trying to take the deceased to the hospital whiles the deceased was also asking for help.
She said she was taken to the Congo Cross police station and she handed over her child to her family members and she was detained.
She said she was still praying for her husband to survive but later got the sad news that he was dead.
After reading the statements of the accused N’tuma Mansaray in court, the learned judge said that exhibit F was tendered in court which were the Whatsapp messages and audios retrieved from the deceased and N’tuma Mansaray phones where the deceased on several occasions used abusive languages on N’tuma Mansaray and promised to end her life and N’tuma Mansaray also responded that she would also end his miserable life.
The learned judge furthered that exhibit G 1-106 of text messages of the deceased abusing N’tuma Mansaray.
Explaining further, Justice Bah said murder means the unlawful killing of somebody and the Prosecution should be able to prove that offense beyond reasonable doubt.
He continued that such an element leads to provocation.
The judge furthered that there was a fight between the two parties and N’tuma Mansaray received a bite on her left eye by the deceased.
He said madam Mansaray in the house was found in a ravaged manner, adding that the killing was unlawful and this he said has been proven by the Prosecution team.
He said the stabbed wounds were not self inflicted but was done by someone else but it was only the deceased, N’tuma Mansaray and their daughter that were in the house.
Justice Bah furthered that the deceased was a soldier and he lived in Freetown and he should be an example to peace, adding that he was under the President space.
Justice Bah said N’tuma Mansaray was fighting over a knife held by the deceased and stabbing took place.
He therefore said this could be as a means of self defense.
When the accused was acquitted and discharged for the alleged murder of her husband, the family of N’tuma Mansaray was seen celebrating with tears were running from their eyes.
The accused has been in jail for the past four years since the inception of the matter.
Lawyer Charlie Israel Williams had been defending her.