By: Audrey Raymonda John
Sierra Leonean businessman based in Holland Tapsiru Dainkeh has narrated how his properties worth over thirty million Leones were taken falsely by Alimamy Kamara an accused whom he was trying to help to travel to the same country.
Alimamy Kamara is before the court for a preliminary hearing on a count charge of obtaining goods by false pretences contrary to law.
It was stated on the charge sheet that sometime in August at Fourah Bay Road in Freetown obtained one set chair, a freezer and other properties to the total sum of thirty-three million six hundred thousand Leones belonging to complainant Tapsiru Denkeh.
The accused person pleaded not guilty to the charge.
Taking the witness stand, the accused swore with the Koran and told the court that he is a businessman residing in Holland. He recognized the accused who he said have been with him since 2001.
The complainant said in August last year, the accused went to his residence at Congo Water, Wellington approached him and told him that he wants to travel to Holland.
The complainant said he charged the accused the sum of sixty million old Leones and he paid a deposit of thirty million Leones.
Explaining further, the complainant said subsequently he gave him six months to process his visa. Upon reaching that point, defence counsel objected to the evidence of the complainant saying the information before him happens in the year 2000 and he is testifying about 2001.
Defence counsel also applied for the bench warrant against his client to be rescinded because on that date when the matter came up, he agreed with the prosecuting counsel to call the matter at twelve in the afternoon. He said on that day counsel of the complainant mentioned the matter before the agreed time.
He apologized profusely for his absence and further stated that he cannot blame his colleague for what happened. Defence counsel applied for bail for and on behalf of his client stating that he has appeared three times which makes him no flight risk.
The prosecution said in relation to the bench warrant that was issued the defence said he was here before twelve mid-day, a time the discrepancy occurred.
Defence counsel in continuation of his bail application said the accused is a Sierra Leonean and is ordinarily residing in Freetown. He said the accused lives with his family and is the primary caregiver.
Defence counsel said if granted bail, he will ensure the accused avail himself in court whenever the court requires his presence. He made the application citing section 79 (2) of the Criminal Procedure Act No. 32 of 1965.
The Bench requested for defence counsel to address him on the bail regulation especially where he mentioned that his client is a caregiver. The Defence promised the Bench that he will do the same on the next adjourned date.
Responding to the defence, the prosecution counsel said he relied on the wisdom of the Bench.
Having heard both sides, Magistrate Samuel Bangura rescinded the Bench warrant and considering the accused being a caregiver of his family, granted him bail in the sum of forty million old Leones and two sureties in like sum. Both sureties should be recommended by a certified pastor or Imam. He said the sureties should provide an identification card and he adjourned the matter to the 29th of May 2023.