By Patrick Sallia
Justice Alfred Ganda of the Freetown High Court has ordered the Criminal Investigations Department (CID) of the Sierra Leone Police to return the mobile phone of the late Sia Fatu Kamara by May 6, 2026. The device is expected to play a critical role in the defence of Abdul Kpaka, who stands accused of murdering Kamara, his girlfriend, in August 2024.
The police had seized the mobile phones of both the defendant and the deceased at the start of the investigation. Justice Ganda’s order, issued on Wednesday, April 29, 2026, followed a procedural clash between the prosecution and the defence regarding electronic evidence.
State Prosecutor Yusif Isaac Sesay objected to the defence’s plan to present video evidence. He argued that the defence should only be permitted to display video messages if they are played from the primary source – Sia’s phone.
Mr Sesay contended that the prosecution was “short-served” and misled by the defence’s notices. He noted that while notices were served on April 2 and April 24, they initially suggested the evidence would consist only of text messages and photos. He characterised the late introduction of video evidence as a form of “deceit,” noting that no memory stick was attached to the initial filings.
According to the prosecution, the defence’s “Exhibit LL1-45″—a booklet of extracted messages- did not indicate the use of videos until after the defendant’s own phone was returned to him by police. Yusif argued that allowing those videos now would undermine the “fairness of justice.”
Defence Counsel Teddy Koroma countered that the term “messages” inherently includes multimedia such as audio and video. He maintained that procedures were followed correctly and that the second notice was simply intended to provide clarity on the specific types of files being tendered.
Teddy explained that several pages in the evidence booklet contained attachments that required opening, which necessitated the supplemental notice. “We are here to ensure that justice is being done,” Koroma averred, adding that the state would have ample opportunity to cross-examine the witness on the material.
The defendant, Abdul Kpaka, acting as the first witness in his own defence, intends to use the electronic communication to demonstrate that he shared a positive relationship with the deceased.
While the defence has relied on extracts from Kpaka’s Gmail account and his own phone, Justice Ganda has requested the “primary source” for the videos in question. Consequently, the court ordered the return of Sia Fatu Kamara’s phone.
Despite the ruling, Koroma Esq expressed apprehension regarding the current state of the deceased’s phone, questioning whether the device remains available or if it has been tampered with while in police custody.
