December 16, 2021
By Audrey John
The investigator in the ongoing arms and ammunition case between the state and Hon. Saidu Emmanuel Conteh and two others, Joseph Collins has been cross examined again by Defense counsel Lansana Dumbuya.
Lawyer Lansana Dumbuya cross examined the witness that when you were ask if you know the third accused you stated that you only know him in respect of the said matter the witness said yes .
And were you part of the investigation team the witness said yes lawyer Dumbuya said how many accused did you took statement from he said he took voluntary caution statement from all accused person’s.
Defense counsel pose to him that the second accused statement was the last statement you obtained the witness said he cannot recalled.
Defense counsel said you obtained statement from the first accused on the 4th of July while the third accused statement was obtained on the 2nd of July 2021, which is the alleged day of the incident the witness respond in the affirmative.
Defense counsel said Natural and prudent before you obtained interview from the accused you should have clear evidence before you, the witness said yes.
Lawyer Dumbuya said when you look into the files you saw the third accused statement before you interview the first and second accused the witness said yes I did.
Defense counsel said when you read the statement you notice that the third accused denied the allegations the witness said yes he did.
Lawyer Dumbuya said to the witness that are you aware of the third accused present charge the witness said yes it aiding and abetting.
Defense counsel made reference to page four of the statement of the third accused made to the police that he knew nothing about the arms and ammunition and he was surprised.
The witness read through and admits that yes the third accused made mention of such statement at the police station.
Lawyer Dumbuya said the third accused was arrested on the 2nd July 2021, when he went to take a certain document at Custom office at NRA the witness said yes and when he went for the said documents he was taken to the NRA officer and not to the vehicle the witness said yes.
Counsel said the delivery order and the invoice the third accused name was not in any of them the witness said base on exhibit L one to nine.
Defense counsel ask the witness if he read the forensic report the witness yes I did and you find out that there is nothing in that report stating the third accused having any conversation relating to gun or ammunition the witness said yes .
Defense counsel made and application at this stage that the phone of the third accused which was tendered as part of exhibit K one four which is the iPhone ten being returned to the third accused.
He stated that evidence is already before the Court especially the data analysis regarding the phone on further evidence before the Court.
He continues that he made his application pursuant to Section 519 of the Criminal Procedure Act 1965.
Lawyer Teddy Koroma adopted the application made by Lansana Dumbuya that the phone of the first and second accused which are iPhone six and Techno 12,promax to be returned to the first and second accused respectively.
Magistrate Kekura granted the application made by Defense counsel that the said phones be returned to them.
The matter has being adjourned to the 20th December 2021.