By: Audrey John
51yrs-old Mohamed Bangura a politician and 63yrs Yabom Sesay a journalist and APC chair-Lady appeared before Magistrate Mark Ngegba of Pademba road court No.1 in Freetown on five Count charges to wit Assault on police, insulting behaviour, intimidation, Riotous conduct and obstruction of police duty.
According to the particulars of offence on the 11th June 2022 at Mathora Village, Khalifa Rowala Chiefdom in the Tonkolili District the North East Region of Sierra Leone assaulted inspector General of police Gabriel G.M.T Tommy whilst in due execution of his lawful duties.
On count two at the same place and date the accused persons did use insulting words to the annoyance of the said Gabriel Tommy in order to provoke him to commit the breach of the peace.
On count three the accused persons did wrongfully and without legal authority intimidate the said Gabriel Tommy by threatening to hit him with his vehicle.
On count four the accused persons behaved in a riotous manner and on count five the accused persons obstructed assistant Inspector General of police Gabriel Tommy whilst in due execution of his lawful duties.
The charges were read and explained to the accused persons and they pleaded not guilty.
Testifying, Second Prosecution Witness (PW2) Regional Commander Northeast Region AIG Gabriel G. Tommy told the court that his duties are to oversee the general officers duties within the region and ensuring laws and order, safe, and security for the people in the region.
He added that his oversee encompasses Falaba district, Koinadigu, Kerene district, Bombali district and Tonkolili district respectively and with seven police division superintending over them in Makeni.
PW2 said he recognized both accused and recalled the aforesaid date.
He said on that day he move from Makeni in the morning hours to Magburaka based on a discussion he had with the second accused, adding that the Vice President Juldeh Jalloh was on a walking visit since the 9th June, 2022 in Sambabaia Bendugu, bumbubuna, feregbeya axis respectively.
He said on the 10th June, 2022 he was informed that the APC party were having rally, adding that he called the second accused and told her to schedule the rally on the 11th June 2022.
PW1 said whilst he was aware that the Vice President was there he went and instructed his men to mount a checkpoint at mathora and whilst at the check point, the second accused arrived there when she was in her vehicle, and prior to that he has told his officers to search any vehicle that reaches the checkpoint.
He added that when the vehicle was searched by his bodyguards James Sesay told him that the vehicle was carrying the second accused and she immediately alighted from the vehicle followed by two men and two laddies and when the second accused reached him she instructed him to open the checkpoint for them to pass and that day was there turn to rally and that nothing would stop that., noting that the accused said she would bulldoze and the war SLPP need would begin there.
Pw1 furthered that he tried to talk to the second accused but she was adamant and angry and those following her started using invectives and threatened to uplift the check point and the number at the checkpoint started increasing and he called at Makeni for a reinforcement, adding that the security situation at the checkpoint became very tense as the number of APC supporters increasing and one of those he saw among the crowd was the first accused Mohamed Bangura. He said that he was standing in the middle of the road at the checkpoint and they were demonstrating and chanting that there would be war and they would clear any one that goes there way, adding that he told the second accused not to have said that but he insisted by all means to pass the checkpoint.
The first accused went closer to him and put his hand on his neck and while other Honourable including other stakeholders of the APC arrived and subsequently Samura Kamara and Yansaneh arrived.
He said Samura talked to him to step aside who interrogated him; why refusing the people to pass and he responded that it because of security reasons being that the Vice President was at that axis, adding that the crowd immediately uplifted the checkpoint and passes through and whilst he was standing middle of the road the vehicle AMF 852 that in front of him and all sort of insults and threat were referred to him by the crowd. He said both accused when in the vehicle AST 632 used insulting words against him and a certain lady that was with them in the back seat said Mr. Jalloh ride over him and you don’t hear Mohamed instructing you to go, adding that the driver therefore drove the vehicle and hit him on his knee and he tried to stopped him.
He said his bodyguard James Sesay and inspector Kabba were at his side and the driver moved against him and ride him over and his bodyguard pulled him off from the road and the crowd burst into their APC song.
He said being concerned about the security at Feregbeya where the Vice President was, he called the Inspector to be alert and prevented the APC supporters to go beyond that point.
He said after a phone call with the LUC in Bumbuna , he went there and ensure that the place was safe and he however escorted Vice President out of his region, adding that he went and made report to the Mena Police Division in Makeni where he was issued a police medical request form and same was endorsed.
Under cross examination by Defence Counsel Lansana Dumbuya Esq. for the first accused, PW1 said that he was not told that the APC were having a rally, adding that it was supposed to be informed by the Local Unit Commander (LUC).
He confirmed that the Vice President Juldeh Jalloh was at Bumbuna on that day.
PW1 disagree with Lawyer Dumbuya that the APC did not told him him that they were going to Sambaia Bendugu, adding that Ferengbeya located in constituency 056 he cannot tell.
He furthered that the he spoke to ECSL and PPRC for the security of the Vice President, adding that he disagreed with them on the peaceful of the rally by the APC party.
PW1 replied that he did not call the first accused when arrived at the checkpoint but approached him impolitely.
He described that the vehicles which arrived there was unimaginable, and that the incident occurred in the morning hours. He further told the court that the first accused was on the road and after they hit him everything goes out of control.
In continuation of the cross examination by Brima Koroma Esq., for the second accused, PW1 confirmed that he prevented the APC supporters from going about their rally and that it was for the remarks of the second accused on the 10th June, 2022 made him to mount a checkpoint.
He said the second accused told him that they were going on a rally at Constituency 056.
He said that Bumbuna was peaceful but there was tension there and PW1 affirmed that the PPRC regulates the activities of political parties inclusive of rallies and electioneering campaigns.
He argued that in terms of security threats, the police involved into political activities.
PW1 confirmed that the second accused used insulting words against him, adding that she prevented him from doing his lawful duties.
PW3 inspector Ibrahim Kabba attached to the Makeni police division led in evidence by Lawyer Yusuf Issac Sesay said he knows PW 2 as his boss and regional command east.
The witness also recognized the accused persons and further recalled 11 June 2022, adding that in that day he was at home when he received a telephone called from superintendent Ngeya.
He said base on the information he left for the station and that on his arrival he met Superintendent Ngaya who inform him that they had special duty at Mothora, he went further to say that VP was at Bunbuna and that we should form special duty.
Myself with other police officers including Superintendent Ngaya left the station with Vehicle NO SLP 170, and that on our arrival we met both accused persons, AIG Tommy and other police officers at the checkpoint, AIG Tommy order us to mand the checkpoint and not to allow any vehicle to pass through because VP was there” the witness narrated.
He whiles they were Manding the checkpoint, he saw Dr Samura Kamara who went to AIG to plead to him in order to allow then pass through, but he said AIG Tommy refused saying that he will only do so after the VP have pass through.
The witness said whiles speaking to AIG; he saw first accused that came with a phone saying that former IGP want to speak to him.
According to him AIG asked first accused to put the phone on loud speaker which he did, whiles they were talking, the former IGP instructed the AIG Tommy not to allow any vehicle pass through.
He said whiles the conversation was ongoing between Dr Samura Kamara, first and second accused told him not to beg the AIG and they are going to use force to pass through the checkpoint.
He after they had made that utterances AIG went in front of the checkpoint, adding whiles he was standing first accused order his driver to move the vehicle which he did in a very rush manner.
He said by then AIG Tommy was standing in front of the said vehicle and that whiles moving in that rush manner the vehicle hit AIG Tommy but by then his rational security who was standing by draw him from the scene for the vehicle not to hit him.
“Whiles they were going they started using insulting languages on AIG Tommy and drove off”, he said.
In conclusion said they on board the police vehicle and went to Makeni.
During Cross examination the witness was asked whether he will be surprise to know that AIG Tommy didn’t say that first accused abusive his mother, he said he will not be surprise.
I was at the edge of the checkpoint and that he had firm instructions not the leave the edge of the checkpoint, and the only order they received was to man the checkpoint.
When he was asked as to who lifted checkpoint, the witness said it was the speed of the first accused person vehicle they saw coming that promoted them to lift the checkpoint, adding that he left together with the AIG to Makeni.
Did u you accompany him to any other place; he said AIG Tommy went to the hospital.
At the conclusion of the witness testimony, the prosecutor applied for a date to bring his next witness
Lawyer J F Kamara applied for bail on behalf of the accused persons nothing that the constitution anchored preference to the first accused person.
He continues detention in prison will deprived his people from being represented.
He added that the offenses for which he was charged are misdemeanours which so many people have been granted bail.
He said the second accused person is the chairperson of Tonkolili district and her presence is highly needed.
The prosecutor in reply said the virtue of the affidavit in opposition to bail adopt the same.
He added that the law is not a respecter of person, adding that laws do not favour anyone.
He added that the nature of the offence is very serious.
Magistrate Ngegba having listened to both sides refuses bail and adjourned the matter to Thursday 15th September 2022.