By: Audrey John
Musa Mansaray an alleged victim has on the 28 June 2022 testified in the alleged ongoing preliminary investigation robbery with violence incident at LEOCON filling station involving Alhaji Amadu Bah.
The accused Alhaji Amadu Bah who made his third appearance before magistrate Kekura of Pademba road court No1 was arraigned on four counts charges of robbery with violence and assault .
According to the police the accused Alhaji Amadu Bah on Sunday 12 June 2022 at LEOCON filling station with intent to robbed, stole the sum of Le 4,200,000 and assaulted a pump attendant.
Prior to the evidence of Pw2, the prosecution witness No 1 Ishmael Kamara in continuation of his cross examination said himself; Ishmael and Francess at the machines and Christiana at the office were the ones around the Leonco gas station at the time of the incident apart from the daily security guard. He admitted that there was a CCTV camera at the station which had gotten faulty but cannot tell when and how.
While Francess was arguing with the accused over payment for the liters of fuel pumped, Christiana he said was using a spark 7 mobile phone to film the incident.
Ishmail in his cross examination with Defense Counsel Maddieu Sesay said the accused rushed at him, grabbed his neck and removed the bag containing money and a mobile phone from him.
The bag in question is a black backpack. Ishmail said he works from 6am to 11pm on alternative days.
At the time of the incident, the pump price of petrol was Le. 18,000 per liter. The incident took place around 3pm and that time, they would not have checked how much money exactly has been made from sales. It is 27 litres and some points he said that would amount to give hundred thousand Leones.
He told the court that while LAJ and co grabbed the backpack from him, an amount of Le 4,200,000 plus a mobile phone were removed from the bag. Ishmael said he cannot tell the exact amount of litres such money would equal to.
PW2 Musa Mansaray who happens to be the alleged victim said he is a pump attendant at the Leonce filling station at Water street junction and also admits knowing Francess Wilson, Christiana Koroma and Ishmail Kamara as colleagues at the same station.
He recognized the accused LAJ as a popular musician to be known and in the said matter.
According to him, on Sunday June 12 2022, he was on duty at the said gas station around 3pm, with his 3 other colleagues when a black ford jeep with no registration plate and LAJ at the driver’s seat while Buju and Ishmail were at the back seat arrived at the station.
The witness said they packed at Francess Wilson’s machine while Francess was sorting out monies she has made from sales so far that day.
There was money under the machine. Buju asked who the attendant was, and Francess replied in the affirmative, adding that Buju was concerned why Francess was sitting down idly, but Francess replied that it was due to no customer that she could attend to.
Musa said the driver Ishmail stepped down from the vehicle and demanded 500,000 Leones petrol. Francess made some inquiries from Musa how many litres could that amount to and that Musa’s response was 27litres and some points.
He said because the vehicle was not properly packed, Francess told the driver to adjust which he did because another vehicle had just arrived behind the jeep of the accused for same service.
After that conversation, Buju got furious saying Francess lacked good speaking manners and starting raining abuse on Francess who did not say a word until she was ready to pump when she told Ishmail she was ready, and Ishmail gave her the go-ahead to do so.
While the fuel was being pumped LAJ’s Isho told attendant “da timberland boots wae you werr, you go kill am oh” and Ishmail then called LAJ to come down from the vehicle to explain to Francess in a way she will understands that was when LAJ came down from the jeep and leaned at the back of jeep. Shortly after, Ishmail the driver came down and described word on Francess as prostitute saying that Francess had disrespected LAJ so Francess must remove the nuzzle from the tank because they were not buying again.
After Francess did as instructed, Ishmail entered the vehicle and drove a little further to give way to other customers and returned to continue raining abuse on Francess because of how he claimed Francess had spoken to them.
And because Francess said she didn’t say or do anything wrong, LAJ pushed her, and she hit the machine.
Musa said it was that moment he came down to the scene beside the machine to intervene in attempt to cushion the situation by telling the accused his actions were wrong. The accused person instantly scolded him and took the money that was under the machine and passed it on to another person that was inside the jeep.
He said not too long after, 2 others came down the vehicle, grabbed him and took a bag containing money from him whiles LAJ hit him on his left eye. During the tussle for the bag, he asked the accused if he had in any way offended him, and LAJ responded that he wanted to burst his eyes. While on that, the station manager Daniel Keilie grabbed the bag for safety of the money inside it, and Musa immediately released the said to his manager.
The witness continues that Christiana attempted to film the incident with a mobile phone, but LAJ rushed at her and grabbed her neck. So she passed the phone on to her colleague Ishmail Kamara who tried to put the phone back into the money bag but was rushed at by LAJ and 2 others who overpowered him and took the phone and money inside the said bag. After the accused had taken what they want from the bag (the phone and the money) the bag was sent back to Ishmail Kamara. He said he left the scene to lodge a report at the Congo Cross Police Station, adding that On his return to the scene with some police officers, LAJ and co had fled the scene.
Musa said himself and his colleague Ishmail were joined by the police to chase the accused until at Kissy road in traffic jam was they were eventually arrested.
While at Kissy road, and with the glasses of the vehicle wind up, they were told by the police to step down from the vehicle but acted stubborn for some time. Eventually, the accused and co were asked to be escorted to the Ross road police station but said they still acted stubborn until another police van arrived at the scene and packed at the back of the vehicle of the accused.
He said after an argument that lasted a while, a popular musician named Arkmed came around, entered the vehicle of LAJ and drove the accused to the Ross road police station escorted by the police. Officers at the said division referred the matter to Congo Cross Police Station.
Musa said on arrival at Congo Cross Police Station, the local unit commander told him to explain what exactly transpired in the presence of the accused and his 3 other colleague fuel attendants while he did himself together with Ishmael Kamara,Francess Wilson and Christina Koroma were referred by the LUC for statement to be obtained from them.
He said he asked one Aunty Sylvia to snap him with his phone which he did and that the said phone was has been in his custody.
Whiles the prosecutor was about to tender the phone, defense counsel Madieu Sesay objected to the tendering of the phone on the grounds that the information on the is quite different from what the accused is saying, adding that the phone is not source the picture as per the details therein was downloaded with two different dates that is the 22 June at 11. : 54 am and same was taken by shot one Itel phone.
He said the pictures are fictitious taken long days after the alleged incident.
The prosecutor in reply to defense counsels objections said the law of evidence on admissibility of evidence in court is very clear, adding that it is either you are the author; custodian of certain documents or items.
He said the point adduces by defense will only goes towards the weight attached, one have the capability to tender the items as custodian and therefore pleaded with the bench to discountenance the objection raised by defense counsel and allowed the witness to tender his phone citing section 70 of the CPA act No32 of 1965
However, magistrate Kekura refused the accused bail and remand him in custody whiles the matter was adjourned to 30th June 2022 for ruling on the objection raised by defense counsel and the reply by the State prosecutor Y I Sesay.
