September 20, 2021
By Audrey John
Alhaji Kargbo, Mohamed Samura and Issa Bangura made another appearance before Magistrate Sahr Kekura of Pademba road court No 1 in Freetown on three court charges of Conspiracy contrary to law, stealing of electricity cables contrary to section 74 of the national electricity Act No.6 of 2011 and receiving stolen goods contrary to section 33(i) of the Larceny Act of 1916.
According to the particulars of offence the accused persons on Saturday 15th May 2021 at upper Tenneba road kuntorloh, Wellington the western area in Freetown conspired together and with other persons unknown to commit a felony.
In count two the first and second accused persons did steal six lengths of aluminum cables valued at six hundred and ten thousand Leones, property of electricity distribution and supply authority EDSA.
And in count three the third accused person for receiving stolen goods.
The matter commenced in the court by way of preliminary investigation.
Giving out his ruling magistrate Sahr Kekura said Conspiracy is an agreement between two or more persons to commit a crime sometimes in the future it is required that at least one over Act be undertaken in furtherance of that is an agreement to constitute an offence of conspiracy.
He said a person is guilty of stealing and it’s dishonestly to another or EDSA with the intention to permanently depriving the other of it or the community as it’s in the instant case.
Magistrate Keikura said the first ingredient required is for the prosecution to prove the case beyond reasonable doubt.
That the 1st and 2nd accused persons did steal electricity cables and the 3rd accused person did receive stolen property and the prosecution is establishing its case against all the accused persons and they call five witnesses in evidence including the formal witness which is the exhibit Clerk and the scene of crime officer who tendered various exhibits respectively.
The accused persons who were unrepresented by a barrister cross examined all the witness brought by the prosecution and the prosecution closed their case.
The accused persons rely on their unsworn statements made to the police and his duty is to examine the evidence adduced before the court whether the prosecution has proved its case beyond reasonable doubt against all the accused persons for the offences they are charged before the court.
Magistrate Keikura said looking at the evidence before the court including the statement of the accused persons the 1st and 3rd accused person admitted to their respective allegations as true and correct.
The 2nd accused vehemently denied the allegation but the statement the second accused person made to the police station was complicated and he perpetrated the alleged offence and the 2nd accused person denied the allegation and none of the prosecution witness didn’t testified that they saw the 2nd accused with the 1st accused person nor did they say they saw the 2nd accused stealing EDSA electricity cables.
It is settled law that the confessional statement of a Co- accused is no evidence against an accused person who has not adopted the statement see E boumwan V commissioner of police (1961) WNL ,R. 257 and in the case RV Norton (1910) KBD 496 it was laid down that when a statement is made in the presence of a prisoner implicating him and the truth of that statement is at once unequivocally denied by the prisoner it is no evidence against the prisoner and should not be allowed to go to the jury in the light of the fore going.
He is convinced that the prosecution has failed to prove its case beyond reasonable doubt against the 2nd accused person and he was acquitted and discharged where as in view of the confessional statement of the 1st and 3rd accused person they are guilty as charged.
The first accused is sentenced to two years imprisonment at the male correctional center or to pay fifty million Leones to the state whiles the 3rd accused person was to pay a fine of three million Leones or two years imprisonment at the male correctional center to the state.