December 22, 2021
By: Audrey John
Magistrate Sahr Kekura at the Pademba Road Court No. 1 has on the 15th December 2021 granted bail to the Organizing Secretary of the main opposition, APC Party, Karamoh Kabbah and others over allegations of unlawful assembly, riotous conduct and many more.
Magistrate Kekura granted bail to all accused persons in the sum of hundred million Leones or one sureties each in like sum sureties must be resident within the jurisdiction; sureties to produce valid identity card depicting his/her addresses in Freetown.
All fifteen accused persons are before the count on summary trial of five count charges of Conspiracy to commit felony, unlawful assembly, riotous conduct, Incitement and intimidation contrary to the laws of Sierra Leone.
It was alleged on count one that on Monday 13th of December 2021 at Siaka Steven Street , Freetown, the accused persons conspired with other persons unknown to commit a felony to wit unlawful assembly.
From count two to count five, all accused persons were alleged to have unlawfully assembly, behaved in a riotous manner, used inciting words and intimidating others.
Taking the witness stand, the first prosecution witness (PW1) Inspector Sheku Ghanda attached to the Operation Department Central Police Station recognized first to fourteenth accused persons in court.
He said on Monday 13th December, 2021, around 10 a.m while on duty at Central Police Station with other police officers when his boss the operation officer John Momoh called him.
He said upon receiving the call, he went with a team of police officers at the scene along Siaka Steven Street via Commercial Bank and on arrival they met huge crowds of protesters with placards. The witness said the Ops Officer tried to admonish and to dispatch them and during the process they heard voices from the crowd saying they need no permit to protest.
“We pleaded with them to dispatch but to no avail,” he stated.
The witness said within the crowd other voices were saying “wi d man dem make we go an lef d woman dem make den kill dem”.
Explaining further the witness said they throw canisters to dispatch them but some stood their grounds and fifteen of them presently in court were arrested and taken to Central Police Station and were handed over for investigations. He said he was later asked to make statement in connection of the matter.
Testing the evidence in cross examination by defense counsel S.F Fomba, the witness confirmed that he was not at the scene when it all started. The witness in another question put to him said Commercial Bank is a busy place with business activities, but were able to determine people who are protesting.
The witness also confirmed that during the protest, they released canisters because of the stubbornness of the protesters.
The witness said the arrest they made on that day was a random one, but some of the protesters fled.
At the end of cross examination, defense counsel S.F Fomba renewed his application for bail for and on behalf of all accused persons.
He said they don’t want to dwell on the affidavit in opposition, but it is defective.
Having perused the file, magistrate Sahr Kekura said eight percent of the accused persons are not resident of Freetown.
The ninth accused person stated during investigation that she is a Guinean, but defense counsel argued that all of them are Sierra Leoneans.
In that light, magistrate Sahr Kekura ordered for all accused persons to sit down until the ninth produce her birthday certificate to ascertain her nationality.
Few minutes later another defense counsel M. Beret present to the court photocopy of the identification card of the ninth accused. He promised to produce the original on the next adjourned date.
Magistrate Sahr Kekura granted them bail in the sum of one hundred million each with a surety in like sum.
He said the sureties must be residents of Freetown and produce their national identification cards. He further ordered for their bail to be approved by the Deputy Acting Registrar and adjourned the matter to the 28th of December 2021.
He admonished all to keep the peace.