By: Audrey Raymonda John
Hawa Moniana 35yrs old who was residing at No. 9 Racecourse Road in Freetown appeared before Magistrate Sahr Kekura for unlawful possession of twenty-seven (27) wraps of dried leave suspected to be kush.
The incident occurred on Sunday 6th August 2024 at No. 9 Racecourse Road in Freetown and the accused was arrested by Detective Police Constable 14015 Bangura A.G.
The accused, Hawa Moinina was arraigned before the court on a count of unlawful possession contrary to section 8(a) of the National Drugs Enforcement Agency Act 2008.
It was alleged that the accused, on Sunday 6th August 2023 was found in possession of the above-mentioned dried leaves suspected to be kush.
Led in evidence by Detective Police Constable (DPC) 19576 Sesay I prosecution witness Sergeant Sallamatu Sheku Kamara attached to the Operations Department at the Regional Ross Road Police Station, Harbour Division in Freetown said she recognized the accused in respect of the matter and could on 6th August 2023.
On that fateful day, she was on duty at the said unit at the Ross Road Police Station when she, her boss, Inspector Alie Jalloh including other police officers boarded SLP 215 and went on patrol within the harbour division.
Sergeant Kamara said while patrolling, when they arrived at Up gun, she received intelligence, adding that upon receipt of the information, they left for the crime scene at No. 9 Racecourse Road in Freetown.
She said upon their arrival, she saw the accused processing dried leaves on plate in her veranda suspected to be Kush.
PW1 said her boss instructed her to arrest the accused and subsequently the accused was arrested with 27 dried leaves suspected to be Kush, and cash of one thousand, eight hundred and seventy Leones (NLe1, 870).
The witness said she handed over the accused to the Criminal Investigations Department (CID) at Ross Road Police Station, Harbour Division for further investigations including the exhibits.
She concluded her evidence that she made a statement to at the above-mentioned Police Station in Freetown.
During cross examination by defence counsel, Sydney Campbell asked the witness as to what exact role she played during the investigations.
Responding, she said she was ordered by her boss to arrest accused.
Lawyer Campbell asked the witness at what time she arrested the accused, in response, she said she apprehended the accused at around 1pm.
He asked the witness if the accused was alone at the crime scene, she said she saw two other men sitting far off from the accused.
Mr Campbell confronted with if she could tell the court where he arrested the accused.
In response, she said apprehended the accused at the main Jenner Wright Road in Freetown.
He confronted the witness that she had no qualifications to identify dried leaves if it`s kush or cocaine to which she responded in the affirmative.
He suggested to the witness that she had done no course or studies on drug identification.
Lawyer Campbell confronted the witness that being that she is not expertise in drugs, she wouldn’t be in the position to identify dried leaves, if it is a kush cocaine to which she answered in the affirmative.
He put it to her that she arrested the accused on suspicion that he had dried leaves kush and detained him to which she responded in the negative.
He confronted the witness that she couldn’t tell if the dried leaves in question were medicine to the accused, to which she answered in the affirmative.
He put it to her that prior to the incident she had never arrested suspect with dried leaves to which she responded in the negative.
Lawyer Campbell renewed his previous application pleading human kindness from the magistrate to grant the accused bail.
Responding, Magistrate Kekura denied the accused bail and remanded at the female Correctional Centre at Pademba Road in Freetown.
The matter was adjourned to 28th August 2023 for further hearing.