October 8, 2021
By: Francis F.M. Harding
Justice Monfred.M. Sesay (JA), a Judge of Appeal, has on the 6th October, 2021 granted bail to accused person, Lahai Kamara 30 year for murder offence. He was granted bail due to the failure of the prosecution to produce evidences in court. The accused person is before the court on one count indictment of murder contrary to the laws of Sierra Leone.
In his submission, the State Counsel Joseph A.K. Sesay said the court has not empanelled jurors, and his witnesses have been absenting while some have not been subpoena.
Responding the judge said that the matter has been in court since 2018 without any progress while the court have recruited many jurors to aid speedy trials.
Justice Sesay added that the State Counsel had never called its witnesses which means the State Counsel is not prepare to go with his case.
“I have advised the State Counsel that I will not be coming to court to adjourned matter but to hear matters and decide on them” said the judge.
Before granting the accused person bail, the State Counsel addressed the court by firmly opposing to bail, while he was yet to file an affidavit in opposition to bail as required by regulations 2 and 3 of the Bail Regulation of 2018. The State Counsel further applied for adjourned date to file an affidavit in opposition as against the next adjourned date.
On the other hand, Justice Sesay said the accused person has been appearing before him since 3rd October, 2018 and the State Counsel has not commenced the matter since it was brought to the high court. He said such act is unfair and will not continue to remand the accused person; he therefore granted bail to the accused person with the nature of the offense notwithstanding.
“Bail is granted to the accused person in sum of one hundred million Leones (Le1,000,000,00) with sureties in life sum, each surety to produce real property in the Western Area, each surety must show their identity and resident, bail must be approved by the Master and Registrar of the High Court “ read the judge.
It could be recalled that the accused person Lahai Kamara on the 28th June, 2017 at Freetown in the Western Area murdered Ammah Mensah. The matter has been adjourned to the 20th October, 2021.