By: Audrey Raymonda John
The trial of a businessman accused of defrauding a man of Le311,000 by promising to secure a Canadian visa was adjourned on Tuesday after the defence challenged the admissibility of a video the prosecution sought to present as evidence.
Mohamed Nicol, 41, appeared before Magistrate John Manso Fornah at Pademba Road Magistrate Court No. 2 in Freetown on one count of obtaining money by false pretences, contrary to Section 32(1) of the Larceny Act, 1916.
According to the prosecution, between 1 January and 31 October 2025, Nicol allegedly obtained Le311,000 from the complainant, Victor Comer, at No. 11 Alusine Street, Juba Hill, after claiming he could secure a Canadian visa and facilitate the complainant’s travel to Canada, a representation the prosecution alleges he knew to be false.
During Tuesday’s proceedings, the prosecution sought to tender a video recording through its second witness, Mariatu Bangura. The witness testified that she recorded the accused counting money allegedly paid by herself and the complainant using her Redmi Android mobile phone.
However, defence counsel objected to the admission of the video into evidence, arguing that the prosecution had failed to establish the exact date on which the recording was made. Counsel further submitted that the video should first be authenticated by a qualified forensic or technical expert before it could be admitted as evidence.
The defence also argued that the faces of the witness and another individual appearing in the footage were unclear and that the accused could not be positively identified from the recording.
In response, the prosecution requested additional time to file a formal reply addressing the defence’s objections.
Magistrate John Manso Fornah granted the application and adjourned the matter to 21 July 2026 for further hearing and a ruling on the issues raised regarding the admissibility of the video evidence.