By: Audrey John
Joseph Sheku Jalloh of Sambaia Bendugu a retired soldier and business man and eight others dragged to court for allegedly possessing arms and ammunitions at Sambaia Bendugu.
The charges were read and explained to the accused persons by the Court Clerk Alie Turay to all accused persons and they all pleaded not guilty on all the charges.
The accused persons were standing before magistrate Sahr Keikura of Pademba road court No.1 on nine counts charges of Possession of small Arm without Licence Contrary to section 11(1) of the Arms and ammunitions Act 2012, Act No.9 of 2012.
On counts two unlawful concealment arms contrary to regulation 22 of the Arms and Ammunitions regulation 2014, Statutory Instrument No.8 of 2014.
Counts three and four state that carrying offensive weapon Contrary to Section 16(1) of the public Order Act No.46 of 1916, on counts five carrying offensive weapon contrary to section 16(1) of the public Order No.46 of 1965.
Count six stated that threatening to burn a house Contrary to Section 50 of the Malicious damage Act, 1861, count seven Obstruction contrary to section 39 of the police Act 1964 Act No.7 of 1964 and Riotous conduct contrary to Section 12 (a) of the Public Order Act 1965.
Police alleged that the first accused Joseph Sheku Jalloh on Wednesday 8th June 2022 at Sambaia Bendugu in the Tonkolili District in the Northern Province was found in possession of one small Arm (Shortgun) without licence.
On count two at the same place and date, the second accused person was found carrying offensive weapon to wit a cutlass.
On count three at the same place and date was found carrying offensive weapon to wit one bayonet knife.
On count six, the sixth and seventh accused persons threatened to burn the house of Honourable Paramount Chief Alhaji Bamba foray Kulio.
On count seven the Forth accused person Obstructed the police whiles in due execution of their lawful duties on count eight and nine all accused persons behave in a riotous conduct.
Led in evidence by Prosecutor A.J.M Bockarie Esq, prosecution witness number one John Amadu Jalloh Former mines officer said he recognized the first and the seven accused as his biological brothers, but stated that he did not recognize the second accused and he recognized the third and fourth accused he also did not know the sixth accused.
He stated that he was at home and he was called by his younger brother Abass Jalloh at around 4pm and when he arrived at the resident of the first accused he saw the place was crowded, over two hundred people were at his resident.
He met the paramount chief and other stakeholders and the police told him that they need to search the house of the first accused but he need to be present.
He also said that he told the police that he is not residing with the first accused person but the police told him to call one of their relatives and he went to call one Mr Samba Koroma, when they came again himself and Mr Samba asked the police why they want to search the first accused house.
He said the police told them that they are meant to understand that a group of gangs was residing at the first accused house.
He told the police that when he was leaving his brother`s resident he did not leave anyone in the house expect his brother and his younger brother Abass and one S.K.
He told the court that Mr Samba said to the police that some police officers have precociously searched the first accused house and nothing was found.
He said the police signed and his brother which is the first accused also signed.
He said he told his younger brothers Abass Jalloh to open the main door to the house.
He said within that period the Paramount Chief and some civilians have surrounded the house.
He stated that the youth Leader and the mining Leader the two councillors searched the room of the first accused person.
They also searched the ceiling but when the youth leader came down he said he did not see anything but when the mining leader came down he was holding one bag they handed it over to one police officer.
He was sitting in the parlour, they also went to the remaining room but nothing was found, he said.
He further stated that they also went to the boys quarters room and nothing was also found and they also searched the toilet room but nothing was found and they returned to the parlour and the said bag was opened and the police removed some guns but he told the court it was a native gun.
The witness stated that they took the gun out and the officer in charge (OC) said it is a hunting gun and the crowd shouted and the OC told them that government allows the said gun to be owned by citizens but there should be a license for it.
He further stated that the police told him and his younger brother Abass to make statement at the police station and they went to the police station and the police officer asked him whether the gun was removed in his presence.
I told him that it a bag was removed in his presence not gun but when they went to do further search they left the said bag with one police officer in the parlour and the police also asked if there is any damage.
I told him the damage was caused by the civilians.
He told the court that after they have questioned him they told him that someone needed to bail him and he called Mr Samba.
He said after some hours the OC arrived at the station, he recalled their Boss at Magburaka and the boss told them to release him, he told the court.
The witness was Cross examination by defense counsel H. Macaulay and Lansana Dumbuya Esq whom applied for bail for and on behalf of all accused persons pursuant to Section 79(3) of the Criminal Produre Act No.32 of 1965 and pursuant to the bail regulations 2018 particularly regulation 3.
The prosecutor A.G.M Bockarie opposed to the bail application made by the defense counsel.
Magistrate Keikura said upon hearing the evidence and that the prosecution in perusing the affidavit in opposition to bail on the grounds of the seriousness of the allegations and evidence so far, only touches and concerns the first accused person so he will love to hear further evidence before considering bail and the prosecutor should ensure we have an expeditious trail.
Magistrate Kekura adjourned the matter to the 21st June 2022.
