By: Audrey Raymonda John
Forty-nine years old Sheku Kabba alias ID Card a Miner, Twenty-five years old Tamba Lebbie a Miner, Twenty-eight years old Sahr Lebbie a Miner and Fifty-four years old Jehad Basma a business man and British national made their another appearance before Magistrate Santigie Bangura of Pademba road court No.2 in Freetown on three count charges to wit Conspiracy contrary to law, Fradulent Embezzlement contrary to section 17 (1) (b) of the Larceny Act 1916 and Receiving stolen goods contrary to section 33 (1) (a) of the Larceny Act 1916.
According to the particulars of offence on a date unknown between the 20th to 26th May 2024 in Moryonfeh village, Kamara Chiefdom in kono the Eastern province in Freetown with intent to defraud conspired together and with other persons unknown to commit a crime to wit Embezzlement.
Count two further stated that the 1st, 2nd and third accused persons on the above date and place Fraudulently embezzled one piece of Diamond weighed two hundred and sixty four carats of an estimated value of Fort two million two hundred and forty thousand united states dollars equivalent to one billion, three million and two hundred thousand Leones(1,003,200,000) property of Benjamin Merer.
Count three further stated that on the same date and place the Forth accused person did receive one piece of Diamond weighed two hundred and sixty four carats of an estimated value of Fort two million two hundred and forty thousand united states dollars equivalent to one billion, three million and two hundred thousand Leones(1,003,200,000) property of Benjamin Merer Knowing same to have been stolen
When the matter was mentioned on CS 2113, the State prosecutor Yusif Isaac Sesay Esq said there are two matters before the magistrate he applied for CS2113/2024 and offered no evidence against the accused persons on the above CS number he also applied for discharge of the said file
Meanwhile, Magistrate Bangura granted the application in view of the submission of the prosecuting counsel he discharge the accused persons.
He there mentioned CS 2199 which the prosecuting counsel Yusif Isaac Sesay Esq applied for a short adjournment date because the third accused persons was absent in court.
Counsel representing the accused persons Jessie M Jengo Esq applied for bail for and on behalf of the accused persons pursuant to section 79 2 and 3 of the Criminal procedure Act No.32 of 1965 that the accused persons are resident within this jurisdiction they have reliable sureties who are willing and ready to go into recognizance on their behalf.
They will not interfere with prosecution witness or witnesses nor will they jump bail, they have reliable sureties who are willing and ready to go into recognisance on their behalf.
He referred the magistrate to the previous matter that was discharged he said the accused persons was granted bail he said they succeeded the bail condition for the Lebanese National.
He further pleaded with the magistrate for any bail decision that he stated they will be before him whenever the court demands.
The State prosecutor Yusif Isaac Sesay Esq objects to the above statement made by the defense counsel that the said matter is no longer before the court is now dead and buried.
He further stated that Circumstances change and so as human beings he said the fact is before him. Four accused persons were charged and one is absent and that is an eye opener.
He told the Magistrate to look at the gravity of the offences before him if he is minded to granted bail this will send a message to know that such matters are treated to the court with seriousness.
He pleaded for a stringent bail condition if he is minded to granted bail the complainant came to the court seeking for justice and that justice to apply for him.
Meanwhile Magistrate Bangura said he has carefully listened to both prosecutor and the defense counsel he take recognisance of the offences charged particularly the nature of the property of the action and it estimated value and the failure of the third accused person to appear in court with no excuse whatsoever as to his failure to do so.
The conduct of the third accused reminds him of the principle of law as stated in Achbold criminal pleading evidence and practice 23rd Edition 203 that where the nature of the offences charged is sermons in nature the refuse of bail he said however since the prosecution have not expressly opposed to bail, he therefore granted the accused persons bail in the sum of two billion Leones with two sureties in like sum.
The sureties must be responsible citizens resident in Freetown sureties must be property owner in Freetown to which the said properties must be produced to the Court these titles must be supported by building permits obtained at the time of the building on their respective pieces of Lands were constructed
The title deeds must be valued to the amount of money contained on the face of the charge sheet the accused persons must surrender all their travelling documents with particular emphasis laid on the passports.
He also orders a letter to be written by the Master and Registrar directed to the department of immigration copied to the court and prosecution requesting the accused persons not to be allowed to travel out of the jurisdiction one of the sureties must operate a bank account containing at least one billion Leones, which said bank statement must be daily signed and stamped by their respective banking authorities all of the accused persons must be swear to affidavits.
In which, they would depose that they intend not to leave the jurisdiction, bail to be approved by the Master and Registrar of the High court of Sierra Leone the matter was adjourned to the 16th August 2024.
