The Court of Criminal Appeal has confirmed the life sentence impose on Malian Fodie Keita who was convicted of murder almost a year ago.
In February 2018, Keita, a 41-year-old Ivorian, was jailed for the murder of 30 year old Adame Diabate from Mali in 2010. He is also accused of hiding Diabate's body and stealing his mobile phone.
Diabate's body was found, buried in a shallow grave, near the Hal Far open centre. A knife hilt with the letters "F K" was found at the scene.
The prosecution argued that Keita murdered Diabate over a work disputeby stabbing him several times and then crushing his skull with a rock, before stealing his mobile phone. The Samsung mobile found in the possession of the accused had belonged to the victim but had Keita's SIM card in it.
In the appeal, his lawyers had argued that he had suffered a mistrial and asked that he be retried. The reasons offered were that the mobile phones and other evidence were tainted because the police had used them after his arrest. A telephone call was registered three days after the murder, it was argued.
But the court said the argument did not hold water because he had not raised any objection to the evidence when he had been given the opportunity to.
Despite this, the court examined the issue in detail and said that there were no grounds to argue that any irregularity had taken place in the police investigation.
Having re-examined the evidence, the court said it found no reason to question the verdict of the jury or the sentence.
Keita will serve a 30-year-minimum sentence before being eligible to appear before a parole board.
Chief Justice Joseph Azzopardi, Mr. Justice Joseph Zammit McKeon and Madame Justice Edwina Grima presided the appeal.
from The Malta Independent http://bit.ly/2SkN9vq
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