October 6, 2021
By: Francis F. M. Harding
The accused person Foday Dumbuya appeared before Appeals Court Judge Justice Monfred M. Sesay (JA), for the second time on two count charges on the 30th September, 2021 at the High Court in Freetown. The State Counsel Solomon Christian Kekura made an application to amend the indictment on count one on the particulars of offense for the deletion of the words conspired with other persons unknown to wit to commit a felony to wit store breaking by larceny and to be replaced with conspired with other persons to break and steal seven assorted motor vehicle batteries valued seven million Leones. The State counsel makes the application pursuant to section 148(1) of the Criminal Procedure Act 1965 Act No. 32 of 1965. The State Counsel said the application will not occasion injustice as the charges are yet to be put to the accused person as he has not led any evidence before the court and that he offered no evidence on count three against the accused person and that the application was granted by the judge.
Count one, the accused person Foday Dumbuya on the 25th August, 2020 at Freetown in the Western Area of the Republic of Sierra Leone conspired with other persons unknown to break and entered the shop of Abdul Conteh and stole therein seven assorted motor vehicle batteries valued seven million Leones (Le7, 000,000/00) property of the said Abdul Conteh.
Count two the accused person on the 25th August, 2020 at Freetown in the Western Area of the Republic of Sierra Leone with intent to steal, broke and entered into the shop of Abdul Conteh and stole therein seven assorted motor vehicle batteries all valued seven million Leones (Le7,000,000/00) the property of the said Abdul Conteh. The accused person pleaded not guilty on both counts.
At this point, the State Counsel makes another application that the accused person who stands charged with the offences of conspiracy and shop breaking and larceny contrary to section 26(1) of the larceny Act 1916 be tried by trial by judge alone instead of by judge and jury. The learned state counsel continued to say that he has filed the written application dated on the 30th September, 2021 under the learned Director of Public Prosecution (DPP) and same have been served on the defense counsel and this application was made pursuant to 144(2) of the Criminal Procedure Act 1965 Act No.32 of 1965 as replied and replaced by section 3 of the Criminal Procedure Amendment Act 1981 Act No.11 of 1981. The State Concluded that the interest of justice will be serve if this application is granted and there will be a speedy trial in this matter unlike with a jury.
In his ruling Justice Sesay said after having heard from the state counsel`s application of trial by judge alone instead of a trial by judge and a jury.
After he has filed the written application dated on the 30th September, 2021 under the Director of Public Prosecution (DPP) and having heard from the defense counsel he thereby ordered that the accused person Foday Dumbuya who now stands trial for the offences of conspiracy and shop breaking and larceny contrary to section 26(1) of the Larceny Act 1916 be tried by a judge alone instead by judge and jury as he is satisfied that trial by judge alone will enhances huge speedy trial.
He further ordered that this ruling will be perfected and serve to the accused person or his defense counsel. The judge granted the application as there was no objection from the defense counsel.
After granting the application the State Counsel wishes to open his case on the next adjourned date by calling all witnesses and they have been absent as he has sent subpoena to them since the 30th August, 2021.
As the prosecution continued to say he has contacted the investigating officer Sergeant 2668 Bangura O who has agreed to assist in tracing them for the next adjourned date.
Defense Counsel Lawyer Komba Kanu applied for bail for the accused person pursuant to section 79(2) of the Criminal procedure Act. The State Counsel said he has filed an affidavit in opposition to the application for bail sworn to by Solomon Christian Kekura on the 30th September, 2021 and he relied on the entirety on the affidavit in opposition especially paragraph 4, 5, 6 & 9. The State Counsel relied on provisions 3(2) of the Bail Regulation 2018 Constitutional instrument No.5 of 2018.
Defense Counsel said he has just been served with the affidavit in opposition and applied for an adjourned date to enable him to file an affidavit in reply.
When the judge was given his final ruling, Justice Monfred Sesay said having read the application singed by Solomon Christian Kekura Esq, State Counsel on the 30th September, 2021 and after having heard from the Defense Counsel Komba Kanu Esq.
He thinks he should give the defense counsel the opportunity to file in an affidavit in reply and he will be in a better position to take decisions on the issue of bail he therefore, ordered that the accused person Foday Dumbuya be remanded in custody.
The matter was adjourned to the 7th October, 2021.