By: Audrey Raymonda John
District Medical Officer of Northern Province doctor Brima Sesay on Friday, July 14 2023, made his appearance before Magistrate Isata Sellu Tucker of Court No 2. Pademba Road, Freetown, for allegedly duping a Sierra Leonean US citizen of thousands of dollars and several items and failing to pay her.
The accused is standing trial on five Count charges four counts ranging from Obtaining credit by fraud other than false pretences contrary to section 13 (1) of the Debtors Act 1869 and fraudulent conversion Contrary to Section 20 (1) (iv) (b) of the Larceny Act 1916.
According to the particulars of offence on a date unknown between the 5th to 31st March 2022 in Freetown with intent to defraud obtained credit from Mariama Kamara in the sum of five hundred United States dollars by falsely pretending to pay same to complainant knowing same to be false; on count two on a date between the 10th to 25th March 2022 in Freetown obtained credit from the said complainant pretending to pay same to complainant knowing same to be false; on count three on the 15th March 2022 the accused person Obtained credit from the said complainant in the sum of twelve thousand Leones (12,000,00) by falsely pretending to pay same to complainant knowing same to be false; on count four on the 12th day of May 2022 obtained credit from the said complainant in the sum of fifteen thousand united States dollars for one Apple computer, apple iPhone Pro max and other items pretending to pay same to the complainant knowing same to be false, and on count five the accused person on the 11th September 2022 the accused person Fraudulently converted to his own use or benefit certain property that is to say two smart TV, Freezers filled with assorted items, one barrel filled with assorted items and one tote rubber filled with assorted items all to the total sum of thirty thousand united States dollars entrusted to him by the said complainant herein.
When the charge sheet was read and explained to the accused person, he pleaded not guilty.
Led in evidence H.M Gevao Esq for the complainant lead First Prosecution witness (PW1), Mariama Kamara who lives at Hill Cut Road, Freetown, and also resides in the United States of America as a citizen and a nurse by profession.
The witness said she know the defendant doctor Brima Sesay.
She recalls the 5th -31st of March 20222, and also recalls the period on the 11th of September 2022, the witness said she was living in the United States with her sister by the name of Khadija who work with the defendant, then her sister asked her if she can give her number to the defendant.
Then she said yes, and the defendant reach out to her and introduced himself as a medical doctor by profession he is not married and he did not have kids so he is looking for a stable relationship.
Then she told him she cannot talk to somebody for just 2 days but she will get on to him.
But the defendant (doctor) requested five hundred US dollars from her as he wanted to buy some provisions.
The witness further said that she gave the money to Khadija and the defendant picked it up at her residence at Hill Cut.
The witness also said the defendant asked for 200 dollars loan as he want to open a dollar account which she did.
She disclosed that she gave a written order to her bank for fifty-seven million Leones which the bank deposited the money to the defendant’s account, then the defendant asked for ten million Leones to buy tickets for his brother to travel and two million Leones for his mother which she told him as along he will pay her back.
And she was about to come to Sierra Leone when the defendant asked her to buy Apple products, she bought an Apple 13, an Apple computer, an Apple watch, an apple air pouch, an Air backpack and an Apple Ipad and gave him which cost over fifteen thousand United States dollars.
After she bought the items, the defendant told her he is going to pay her back.
The witness further that she shipped 55 inches smart tv, 28 inches smart tv, 2 fridges, provisions and toiletries. But the items were delivered at his residence in Wellington, Freetown.
PW1 said there was a barrel also shipped with men’s shirts, belts, perfume and other male items for business. She told the Court that she spent over thirty thousand United States dollars to deliver.
When she arrived in Sierra Leone, she instructed the defendant to open the barrel as she wanted to give some items to her sister Khadija and she instructed him to take the balance items to her resident at Hill Cut, but he did not, and according to him, they are in a relationship she gave him the items out of free will.
But the witness said she did not give him any item of free will.
She told the court that she has not received any monies from the loan or the items taken from her or the monies.
The witness was cross-examined by defence counsel U.D. F Sesay.
In the end, the defence counsel seek a short adjournment date for the witness to tender the exhibit he applied for bail for and on behalf of the accused person that he is ten years standing in the medical field he will not interfere with the prosecution witness or witnesses nor will he jumped bail he has credible sureties who are willing and ready to go into recognizance on his behalf he made his application pursuant to section 79 2 and 3 of the Criminal procedure Act No.32 of 1965.
UFD Sesay, I Samba and KD Showers Esq defending, while HM Gevao Esq. representing the complainant.
A bail application was made on behalf of the defendant, but the complainant’s lawyer HM Gevao told the Court that the Magistrate has heard the evidence and it is her discretion of the bench to grant bail or not.
Magistrate Tucker granted the defendant bail in the sum of fifty thousand Leones with 2 sureties in like sum, sureties must be employed and to be approved by the DAR, and the matter adjourned to the 17th of July 2023.