By: Audrey Raymonda John
Babar Koroma, Foday Turay, Bashiru Kemoh Bangura, Jusu Koroma and Mustapha Jabbie on Tuesday 26th November, 2024 made their first appearance before Magistrate Santigie Bangura of Pademba Road Court No.2 for allegedly defrauding Pee Cee and Son’s company over seven thousand new Leones.
The accused persons were arraigned before the court on two count charges ranging from embezzlement contrary to section 17(1)(b) of the larceny act of 1916 and misprision of felony contrary to law, receiving and accessory after the fact to commit a felony.
The indictment stated that the first accused Barbar Koroma on Tuesday 29th October, 2024 at Goderich in Freetown, fraudulently embezzled the sum of seven hundred and twenty-two thousand New Leones received by him on behalf of Pee Cee and Son’s company.
The indictment furthered that Foday Turay, Bashiru Kemoh Bangura, Jusu Koroma and Mustapha Jabbie on the same day and place knowing that Barbar Koroma had stolen seven hundred and twenty two thousand New Leones from Pee Cee and Son’s company received the said money and comfort, maintain, assisted and harbour him knowing fully that the money was stolen.
The indictment also read that Foday Turay, Bashiru Kemoh Bangura, Jusu Koroma and Mustapha Jabbie on the same day also conspired and stole the said money, property of Pee Cee and Son’s company.
After the charges were read and explained to the accused, no plea was taken by the accused.
Led in evidence by the prosecutor was Assistant Commissioner of Police police Juan M.S Bull. She said the witness Chirad Garani a Indian national explained that he was a marketer for Pee Cee and Son’s company.
He recognized the first accused Barbar as employees to the said company he was employed as a driver and second accused Foday as an employee.
She recalled that on 29th October, 2024, adding that on the said day he left his office around 10:30 am to visit their customers by using the company vehicle driven by the first accused Barbar Koroma.
The Assistant Commissioner explained that they were heading towards Wilkinson road and upon arrival he collected one hundred and twenty thousand new Leones and it was confirmed by him and shebura Samura and Deen Jalloh the cashiers.
She said the money was place inside the a cartoon and place it at the back of the vehicle.
The prosecutor said they went to the second customer behind Collegiate school and there he collected eighty thousand New Leones together with the two cashiers and it was completely sealed.
“The first accused was inside the vehicle at the driver seat and they went to their third customer at Funkia market and upon arrival they park at the junction and told him to watch the two cartoons and they went to their customer,” she affirmed.
The witness furthered that they received the sum of five hundred and twenty two thousand new Leones and upon receiving the money the same procedure was follow.
He further that they hand over the money to the first accused in which the cartoon was four in all.
She said they went back to the market to collect money from other customers and came again to the vehicle but did not meet the vehicle where it was packed.
Adding that he called the first accused on his phone but was switch off and they search and saw the vehicle parked inside a drive and when he search the vehicle he did not see all four the cartoons where the monies were kept .
The witness stated that he also did not see the first accused and the money was also missing.
She mentioned that the first accused asked the people around who told him that they saw the first accused who came with two bikes riders and they collected the monies.
The Assistant Commissioner said after that he called his superiors and they instructed him to make a report at Lumley police station which he did.
She produced and tendered the receipts of all the monies collected before the court.
Defense Counsel A.K Kamara made an application for the witness statements been made available to him pursuant to section 85(1) of the Criminal Procedure Act of 2024.
Bull in his reply, he said the accused did not take their case, adding that it is a preliminary trial.
Defense argue that to help the court for sufficient sound for commital they only saw the charges but not the statements of the witness to avoid trial by ambush.
Magistrate Santigie Bangura rule that when the matter is sent to the high court their they have the power to asks for the witness statements.
He therefore dismissed the applicant. Defense counsel sought for an adjournment to cross examined the witness. The accused were remanded in custody until 28th November 2024 for cross examination