By Foday Moriba Conteh

A 45-page booklet containing alleged email exchanges between businessman Abdul Kpaka and the deceased, Sia Fatu Kamara, has been admitted into evidence in the ongoing murder trial before Appeal Court Judge Justice Alfred Ganda. Abdul Kpaka, who is currently standing trial for allegedly killing his girlfriend in August 2024 and perverting the course of justice, has continued to deny any involvement in her death.

During proceedings on March 11, 2026, the defendant, who is serving as the first witness for the defense, informed the court that he and the deceased communicated regularly through WhatsApp, email, Messenger, iMessage and direct phone calls.

Following his testimony, Abdul Kpaka’s legal team sought to tender a 45-page booklet reportedly containing email conversations between the defendant and the deceased. According to the defense, the contents of the communications contradict earlier claims made by the prosecution.

However, the prosecution objected to the tendering of the booklet, citing concerns relating to procedure, authenticity and the absence of a primary source for the electronic evidence.

Lead Defense Counsel, E.T. Koroma, insisted that the document be admitted, describing the prosecution’s objections as vague and baseless.

After hearing arguments from both sides, Justice Ganda ruled that submission of the documents be temporarily suspended until the defendant’s mobile phone, which had earlier been confiscated by the police, was produced in court. The judge stated that the phone would enable all forms of communication referenced by the defendant to be presented comprehensively.

The matter was subsequently adjourned to March 25, 2026.

At the resumed hearing on March 25, officers attached to the Cyber Unit of the Criminal Investigation Department presented the defendant’s phone to the defense in open court, following an earlier court order directing that the device be returned to Abdul Kpaka for evidential purposes.

On the same date, the disputed 45-page booklet was officially admitted into evidence and marked as Exhibit LL 1-45. The court also indicated that additional electronic evidence extracted from the phone would be expected at the next hearing.

When the matter resumed again on April 29, 2026, the defense requested the assistance of the court’s ICT department to display videos they claimed were attached to the email evidence already before the court.

According to the defense, the videos, audios and messages would provide insight into the nature of the relationship between Abdul Kpaka and the deceased, details regarding the deceased’s alleged heart condition and how the defendant handled disagreements between them.

The defense further informed the court that the prosecution had already been served with the materials.

However, the prosecution objected to the airing of the videos in open court on three grounds: alleged inadequate service, failure of the earlier notice to specifically mention videos and audios and concerns regarding the primary source of the materials.

Responding to the objections, E.T. Koroma argued that the term “message” includes audio, video, text and picture formats. He explained that the hardcopy booklet already admitted into evidence contained electronic files that could not be viewed physically without digital access.

E.T. Koroma further cited provisions of the new Criminal Procedure Act supporting the admissibility of relevant electronic evidence in criminal proceedings.

After listening to both sides, Justice Ganda ruled that the mobile phone belonging to the deceased, Sia Fatu Kamara, be handed over to the defense to assist in verifying the authenticity of the videos and audio recordings.

The judge stated that if the materials are not found on the deceased’s phone, the court would determine its next course of action.

Since opening their defense, Kpaka’s legal team has made several significant applications aimed at challenging the prosecution’s case. These include requests for CCTV footage from the Emergency Hospital, access to the defendant’s phone, and the submission of lengthy electronic communications between the defendant and the deceased.

However, the requested CCTV footage was never produced. In its response to the court, the hospital stated that its surveillance system does not retain footage beyond 90 days, meaning the requested recordings were no longer available.

Reacting to the development, E.T. Koroma expressed frustration over what he described as the failure of investigators to secure such potentially critical evidence at the early stage of the investigation. He informed the court that the defense would address the issue at the appropriate time.

The matter has been adjourned to May 13, 2026, when further details of the electronic conversations are expected to be examined and subjected to cross-examination. https://thecalabashnewspaper.com/defense-tenders-45-page-email-evidence-in-abdul-kpaka-murder-trial/