June 15, 2021
By: Francis F.M.Harding
The accused person Mohamed Yassin appears before Magistrate Sahr Keikura of Court No.1 Pademba road Freetown on the 11th June, 2021 in a case of fraudulent conversion contrary to section 20 of the Larceny Act of 1916.
According to the police charged sheets, the accused person is charged with four counts charges. Count one fraudulent conversion, it’s alleged in count one that the accused person on the 6th February, 2021 at No. 44 Kissy Road Freetown fraudulently converted to his own use and benefit the sum of twenty one million three hundred and twenty thousand Leones (Le21,320,000/00) entrusted to him by Agness Bambay for the purpose of changing it to United States Dollars.
It is alleged in count two that the accused person on the 15th February, 2021 at No. 44 Kissy Road Freetown fraudulently converted to his own use and benefit the sum of seven million nine hundred and eight thousand Leones (Le7,980,000/00) entrusted to him by Agness Bambay for the purpose of changing it to United States Dollars.
It is alleged count three that the accused person on the 15th February, 2021 at No. 44 Kissy Road Freetown fraudulent converted to his own use and benefit the sum twenty one million Leones (Le21, 000,000/00) entrusted to him by Agness Bambay for the purpose of changing it to United States Dollars.
In count four it is alleged that the accused person on the 18th March, 2021 at No. 44 Kissy Road Freetown fraudulent converted to his own use and benefit the sum fourty million one hundred eighty thousand Leones (Le40,180,000/00) entrusted to him by Agness Bambay for the purpose of changing it to United States Dollars.
Testifying in court, the First Police Witness (PW1) Agness Bambay who is a business woman at No.45 Kissy Road Freetown by Bombay said she recognized the accused person as a dollar changer from Leones to United States Dollars and from United States Dollars to Leones at No.20 Free Street Freetown.
She continued to say that on the 6th February, 2021 she gave the accused person twenty one million three hundred and twenty thousand Leones (Le21, 320,000/00) to change it to United States Dollars. Witness said on the 15th February, 2021 she gave the accused person seven million nine hundred and eighty thousand Leones (Le7, 980,000/00) to change it to United States Dollars.
She said on the 28th February, 2021 she gaves the accused person twenty one million Leones (Le21, 000,000/00) to change it to United States Dollars. Witness said on the 8th March, 2021 she gave the accused person fourty eight thousand five hundred thousand Leones (Le48, 500,000/00) to change it to United States Dollars.
She continued to say she was expecting the accused person to change the Leones to United States Dollars but since then the accused person don’t come with either the Leones or the United States Dollars. The witness said she called the accused person for her Leones or United States Dollars he said that he will transferred the United States Dollars. She said she later reported the matter at Criminal Investigation Department Headquarter Freetown and he said that he will come with my money within one month.
Under cross examination, defense Lawyer J.M. Jengo asked the witness if she has a boutique. The witness said yes my lord. Defense counsel asked her if there was good business working relationship. Witness said yes my lord. Defense counsel asked her if she would have not wish to come with the accused person before the court. She said yes my lord. Defense counsel asked her if they have done transaction before. She said yes my lord. Defense counsel asked her if the office where she was meeting the accused person was the owned by her.
Witness said yes my lord. Defense counsel asked her if before she went to the Criminal Investigation Department Headquarter the accused person have been talking to you. Witness said yes. Defense counsel asked the witness if the accused person ever tell you that he lost huge amount of money. Defense counsel asked the witness if she ever learnt that the errand boy for the accused person stole him two hundred and fourty million Leones (Le240, 000,000/00). She said no my lord.
Defense counsel asked her if she needs her money now. Witness said yes my lord. Defense counsel asked if since the accused person have been in detention if she has got part of her money. Witness said no. Defense counsel said that the accused person come with one thousand three hundred United States Dollars ($1,300). Witness said the Dollars that he comes with were fake Dollars.
Lawyer J.M. Jengo applied for bail pursuant to section 79 subsection 2 of the Criminal Procedure Act No.32 of 1965 for the accused person to be on bail. However, Magistrate Sahr Keikura said that sometimes at the Criminal Investigation Department Headquarter the accused person come with some legal and illegal tendency.
The Magistrate said he will consider bail if some amount of the money is given to the complainant. He concluded that there is tendency for the accused person to be flight risk. The State Prosecutor is Sergeant 9155 Macarthy D. while Lawyer J.M. Jengo representing the accused person. The matter has been adjourned to the 16th June, 2021.