June 4, 2021
By Audrey John
Hassan Koroma, 41 years, was sent to the Male Correctional Center at Pademba Road in Freetown, after he made his first appearance before Magistrate Sahr Kekura at the Freetown Magistrate Court No. 1 on allegations of malicious damage.
Consequently, police slammed two counts charges of conspiracy to commit malicious damage contrary to law and malicious damage contrary to Section 51 of the Malicious Damage Act of 1965.
However, lead defense counsel for the accused, lawyer G. Conteh disclosed that the accused has a power of attorney over the said property that he allegedly destroyed.
“How can somebody who has power of attorney over a property destroyed it” he said.
Lawyer Gassimu Conteh made an application for bail for his client.
He canvassed his bail plea on Section 79(2) of the Criminal Procedure Act No. 32 of 1965. He told the Court that his client has credible sureties who are willing to stand on his behalf.
He urged the Magistrate to grant bail to his client.
State Prosecutor, Yusif Issac Sesay, objected to bail, but lawyer Gassim Conteh made a counter objection on the grounds that lawyer Sesay has not served the defense as an affidavit of support to oppose to bail.
He cited Section 3(2) of the Bail Regulation of 2017 which states that if a prosecutor wants to oppose to bail, the prosecutor should do so through an affidavit of support.
Mr. Sesay on the other hand responded that the bail regulation of 2018 has not taken away the power to grant bail to an accused, even if there is no affidavit or application of any sort.
Magistrate Sahr Kekura disclosed that he will only consider bail when he would have heard the evidence.
He refused bail and sent the accused Hassan Koroma to the Male Correctional Centre at Pademba Road in Freetown.
The matter was adjourned to the 8th June 2021.