High Court judge, Justice Alfred Ganda has following the absence of the state prosecutor in the ongoing murder trial of Abdul Kpaka over the death of his girlfriend, Sia Fatu Kamara has promised to discharge the accused if the prosecution fails to attend the next hearing.

The judge’s ruling at the High Court No.2 in Freetown on Tuesday June 17, 2025, came after the lead defence lawyer; Emmanuel Teddy Koroma applied for the court to discharge his client on the basis that the prosecution had been delaying the case.

The defence however gave an alternative that his client be discharged from the allegations levied against him or the prosecution close their case for an opportunity be given to the accused to defend himself.

The defence acknowledged that the prosecution’s witnesses were present in the courtroom, but the state prosecutor was absent.

He noted that they had been in the courtroom since morning hours together with the jurors waiting for the case to commence.

The defence also said that while the case was before the previous judge when it was tried by judge alone, the prosecution was leading his witnesses in a speedy manner, not until when it is now tried by judge and jurors the prosecution is constantly absent in court.

The judge, before passing his ruling, requested for the contact number of the state prosecutor, Yusuf Isaac Sesay, which was provided by defense counsel Teddy Koroma.

The learned judge dialed the number and called but nobody picks up the call.

That was after the defence lawyer Koroma told the court that he had been calling the prosecutor, but he has not been picking his call as well.

The defence also told the court that he sent someone at the office of the state prosecutor and that he understood the state prosecutor was in his office at the time.

It was however observed that the state prosecutor had also been in the courtroom from morning till 12 noon and by then, the presiding judge was sitting at Appeal court and the state prosecutor went to attend to another trial elsewhere.

The accused, Kpaka is charged with two counts ranging from murder to perverting the course of justice all contrary to law.

The alleged murder incident occurred on Tuesday August 13, 2024. The case resumes on June 24th 2025.