By: Hafsatu Z Bangura
Alimamy Dumbuya alias Dede, Alie Kamara alias face and Idrissa Mansaray made their first appearance before Justice Komba Kamanda of the high court no.1 in Freetown on two counts charges of Conspiracy, burglary and larceny.
State prosecutor P. A Hasting Spaine made an application that the accused persons be tried by judge alone who now stands charged with offences of conspiracy and burglary and larceny contrary to section 25 1 of 1916 be tired by a judge alone instead of a jury and a judge the said application was made pursuant to section 144 sub 2 of the CPA of 1965 act 32 as repealed and replaced amended act of 1981 that the said application will not be injustice and that there is a written application dated 13th January 2023 signed by the director of public prosecutions (DPP) same has been filed and served on the defense.
The defense said he has no objection to it and the judge granted the application.
The accused persons stood trial before Justice Komba Kamnda on two counts charge.
On count, the accused person’s statement of offence conspiracy, contrary to the law states that the accused persons Alimamy Dumbuya alias Dede, Alie Kamara alias Face and Idrissa Mansaray on 18th August 2021 and diverse days between that day and the 20th August 2021 at Freetown in the Western Area of the Republic of Sierra Leone conspired together with other persons unknown to commit a felony to wit: burglary and larceny.
Count 2 statement of offence Burglary and Larceny contrary to sections 25(1) and 13(a) of the Larceny Act 1916.
Accused persons Alimamy Dumbuya alias Dede, Alie Kamara alias face and Idrissa Mansaray on the night of the 20th August of 2021, at Freetown in the Western Area of the Republic of Sierra Leone, broke the dwelling house of Reverend Vidal Oswald Victor Cole with intent to steal therein and stole therein infinix smart mobile phone valued at One Hundred and fifty thousand Leones (150) and Nokia mobile phone valued at One Hundred and fifty thousand Leones (150) all to the total value of Two Million Three Leones property of the said Reverend Vidal Oswald Victor Cole.
The PW 1 Vidal Victor Cole said he lived at regent and that he is a pastor and he recognized 1 and 2 accused as a worker at their construction site. He said on the night before they closed their house and went to bed he heard a sound that woke him up the sound was coming from the back, and he said he left his bedroom to check and switched on the light.
The witness said while he was in the kitchen he heard sounds but the door was closed he also heard sounds coming from the same place then he realized that some unknown persons were in the kitchen.
PW 1 said he shouted thief, ran and woke up his wife and sons they all went to the kitchen but saw five people at the parlour among them two wore a mask and three accused did not wear masks, “I saw the first accused talking to the other people but could not hear what the accused was saying” the witness recalled.
PW 1 said he saw all accused persons with a machete and other weapons and also heard the first accused telling the third accused to advance so the only option he had was to go into my bedroom which was closed because we had no weapons to defend ourselves, witness narrated.
“When they saw us trying to go inside they ran to us but we were able to go inside during that process they were trying to open the door and we continue to withstand them. Later they threw water on the floor because it was tiled but we had to put the cloth on the floor and kept raising alarm”, he explained.
After raising alarm, one Mr Ahmed came to their rescue after identifying himself, and we discovered that all the doors and windows were badly damaged and opened.
In the morning hours, the witness said he reported the incident to the Akon police station and made a report and they visited the scene of the crime and took some photos.
Later, the witness said he saw three of the accused person and indemnified them to the police officers and with the help of the community youth they were arrested. Later we went to Lumley police station and they took a statement from us and the witnesses.
The first and second accused persons conducted cross-examination, while the Lawyer for the third accused asked several questions.
The matter was adjourned for further hearing, State Prosecutor P.A Hastings Spain and Defense counsel for the third accused P.L Bangura.