By: Audrey John
Sheika Kamara a business man yesterday Monday 1st August, 2022 appeared before Magistrate Mark Ngegba of the Pademba Road Court No.2 for alleged fraud.
The defendant Sheika Kamara was charged for three count offences of conspiracy to defraud, obtaining credit by fraud other than false pretenses, and issuing cheques against insufficient funds all contrary to law.
According to the particulars of offences on counts one and two, on the 30th July, 2021 at Howe Street in Freetown, the defendant Sheika Kamara with intent to defraud conspired with other persons unknown and defrauded Complainant herein Abdulai Daramy, the sum of Le300,000,000 ( Three hundred Million Leones) on the understanding that he would give him four hundred million Leones in total on the 30th August, 2021, knowing same to be false.
Count three added that on the same day and place, the defendant issued to the Complainant Zenith Bank Cheques with serial Nos.1229623 1229625 dated 30th August, 2021 for the total sum of Le400,000,000 (four hundred million Leones), knowing that he had no such sum in the said Account, thereby defrauding the Complainant.
Led in evidence by the Prosecutor, J.M. Jengo, first Prosecution (PW1) Witness, Abdulai Daramy recognized the defendant in the dock. He recalled that on the 30th July, 2021 when the defendant obtained the aforesaid amount and the defendant promised to refund it on the end of August but refused to do so.
PW1 furthered that the defendant however issued to him cheques to withdraw from the Bank in the sum of four hundred million Leones, adding that when he went to the Bank he was told that there was no money in the said Account.
When PW1 was about to tender the said cheques, lead Defense counsel Musa Pious Sesay raised an objection for the tendering of the cheques. He said that the proper foundation was not laid, noting that the issue of cheques was not relevant to the issue.
In response, Prosecution Lawyer, Jengo said the cheques are relevant. He however cited count three, adding that the cheques have been in the custody of the complainant. The learned Lawyer therefore urged the Bench to discountenance Defense Counsel’s objection.
Delivering his ruling, Magistrate Ngegba overruled the objections raised by the Defense counsel and he therefore ordered for the cheques to be produced and tendered, which was done.
PW1 furthered that when he went to the defendant and informed about the controversial cheques, the defendant told him that his business partner has travelled, adding that he and defendant made an agreement and promised to refund his money but failed to do same.
Under cross examination by second Defense Counsel A.R. Kamara, PW1 confirmed that the defendant issued to him cheques, but his name was not written on it.
PW1 revealed that his business is not registered, and has no receipt for it but he has a Bank Account.
At this stage, lead counsel M.P. Sesay requested bail for his client citing section 79 of the Criminal Procedure Act No. 2, and 3 of 1965. He assured the Bench that his Client would not jump bail if granted, adding that his client would not interfere with prosecution witnesses.
Having heard his bail application, Magistrate Ngegba granted the defendant bail in the sum of LeN800,000 (eight hundred thousand Leones) plus 2 surety who shall provide prove of employment, and one of the surety shall own a property valued not below Le500,000 (five hundred thousand Leones) in Freetown.
Magistrate Ngegba ordered that the bail condition shall be approved by the Deputy Assistant Registrar (DAR).
The matter will come up again on Wednesday 10th August, 2022.
