By: Audrey Raymonda John
The matter of Derise Yvonne Aki Swayer, the Mayor of Freetoen City Council has been transfer to the magistrate court No. 1 presiding over by magistrate Marke Ngagba for trial.
The state said that section 190 (2) of the CPA which the defense relied on is very specific. He said the defense had not state anything contrary to what the witness told the police and what she said in court.
The accused is before the court for obstruction of police and disorderly behaviour contrary to section 12(b) of the public order Act of 1965 as repealed and replaced by the public order Act amendment No.2 Act No.15 of 1973.
It was alleged on count one that on Saturday 17th September 2022 at the Airport police division, Lungi Kaffu Bulom Chiefdom, in the PortLoko Judicial District, North Western provinces, in the Republic of Sierra Leone the accused being the mayor of Freetown city council obstructed sergeant 7966 Richard junior Caulker and Corporal 12225 Fanta Fofanah whiles executing their lawful duties.
On count two, the accused was alleged to have behaved in a disorderly manner.
Taking the witness stand prosecution witness number one Corporal 1205 Fanta Fofanah attached at the Criminal Investigation Department Lungi police division as an investigator recognized the accused person in the dock as Mayor of Freetown.
She said on Saturday 17th September 2022 ,at 19:00hrs she reported for night duty and at around the same time the OPS officer Inspector V.S Koroma and his team arrested and brought in one Councillor Sheku Alhassan Turay on alleged offence of planning and organising the August 10th Protest that caused destruction of properties and death of some innocent civilians.
The witness said Inspector Koroma handed over the Councillor to Sergeant 7963 Caulker R.A who instructed her to obtained voluntary caution statement from the accused person.
She said whilst Sergeant Caulker was writing the statement, she heard a voice of a woman at the charge office shouting ‘where is my Councillor? Why was he arrested?
PW 1 said she left the investigation office to know who was shouting and on arrival at the charge office she saw the accused person in the dock and a military officer who was in possession of a luggage.
“My lord I caution the accused person in the dock that she shouldn’t be shouting whilst others are standing and looking at her , but she couldn’t listen and continue that the police has no right to arrest her Councillor”, the witness stated.
Explaining further, the witness said the accused asked a police officer who is she because she has not come across her before and the police officer replied that she is the Mayor of Freetown.
The witness said on hearing her name and status she departed from the charge office and went to her office.
She said the accused entered into the investigation room as soon as she saw the Councillor and stated that her Councillor is not going to make any statement because there is no warrant of arrest against him.
The witness narrated that at that time, the Councillor was carrying a brown bag on his lap which the accused took and give to one of her staff and dragged the Councillor out telling them that he will not make any statement.
“My lord myself f and Sergeant Caulker rushed at the door stopped her not to go with the Councillor and further explained that she is Obstructing our investigation”, the witness said.
She said the accused then took her phone and stated video saying that the police has arrested her councillor whilst they are about to travel.
She said they later depart and she returned and informed Sergeant Caulker what transfer between them and the accused with the councillor.
The witness said she was later instructed to make statement.
At the end of her examination in Chief, one of the defence counsels Mohamed Pa Momoh Fofanah applied for the statement of the witness to be made available to them.
But magistrate Marke Ngegba refused the application and asked the court to proceed.
Cross examination by defense counsel Pa Momoh Fofanah the witness confirmed that she was not present when the Councillor was arrested at the Lungi Airport.
When questioned as to the time the Councillor was brought into her division the witness responded that he was brought in around 19:00hrs.
She said she was part of the team that was assigned to obtained voluntary statement from the Councillor.
In another question put to her, the witness said she did not know whether the councillor was arrested Warrant.
The witness further stated that those answers he gave are in line with the statement she made but the warrant was not part of her statement.
The witness you said the accused did obstructed her at the time they were obtaining statement from the Councillor.
The witness said the mayor didn’t allow them to obtained statement from the Councillor.
The witness answered in cross examination that investigation reveals that both the Councillor and the mayor were travel on the said date as informed by the arresting officer.
Defence counsel Pa Momoh Fofanah said in view of the fact that the testimony of the witness was inconsistent he will like to apply under section 190 (2) of the CPA for her statement to be made available to them.
The Prosecution asked the Bench to discountance the application made by the defence.
Defence counsel said the reason when he asked for the statement of the witness to be made to them is Germane to the matter.
At the end of cross examination, magistrate Marke Ngegba adjourned the matter to the 26th October 2022.10.22.