July 26, 2021
By: Francis F.M.Harding
The Defense Lawyer Wara S. Serry-Kamal application for bail for the Makeni rioters by the judge Justice Musu Damba Kamara at the High Court Law Court Building Siaka Stevens Street Freetown involving the accused persons Amadu Koroma alias Kondo, Idrissa Turay,Thaimu Kamara, Mohamed Kamara, Ibrahim Conteh, Mohamed Idriss Koroma, Joseph Yusuf Bangura, Ibrahim Sesay, Baimba Bangura, Mohamed Conteh, Saidu Kpanabom Conteh, Joseph Kanu and Mohamed Kargbo for conspiracy to commit a felony, carrying offensive weapon without lawful authority of reason, disorderly behavior, riotous conduct, throwing missiles and malicious damage.
The defense counsel was making application for bail to the judge while the State Prosecutor was canvasing for bail not to be granted to the defense counsel.
According to the police charge sheet the accused persons on the 17 and the 16 of July, 2020 within Makeni conspired together with other persons unknown to commit a felony to wit carrying offensive weapons. In the same charge sheet the accused persons on the same date and place within Makeni city were found behaving in a riotous manner and were found throwing missiles to the injury, danger or annoyance of any other person or properties. In the same charge sheet state that the accused persons maliciously damage Electricity Generator Transmission Company (EGTC) worth ten million Leones property of Electricity Generator Transmission Company.
In the last session the defense counsel Wara S. Serry-Kamal said that the 21st July, 2021 will make the accused persons one year in detention at the male Correctional Center at Pademba road Freetown. She makes this bail application before Justice Musu Damba Kamara on the 16th July, 2021.
Although the State Counsel Issac Yusuf Sesay was responding he said in opposition that the application for bail is the affidavit of Solomon Christian Kekurah a State Counsel at the law Officers Department and that the affidavit was sworn on the 212th July, 2021.
He gives the reason for opposing to bail. Some of his reasons were the offences for which the accused persons herein stand charged are very serious in nature, that there is likelihood that if the accused persons are granted bail they will commit similar offences for which they stand charged, that in answer to paragraph 4 of the affidavit in support of application for bail, that there were adjournments that were taken at the instance of the defense as counsel for the accused persons were absent, that the offences are misdemeanor is not a reason that the application should be granted bail.
The matter was heard on a preliminary investigation and the learned Magistrate refused the application for the matter to be remitted to Makeni and the preliminary investigation was conducted at Court No.2 Pademba Road Freetown, and that no injustice has been caused by the refusal of bail during the said preliminary investigation.
He continued to say that he relied entirely on the affidavit particularly paragraph 2 to 9. He said bail is at the discretion of the Court and section 79 subsection 1&2 in which his learned friend is making this application is a constitutional instrument No. 8 of 2018 known as bail regulations and paragraph 203 Archibald Criminal Pleading Practice 36 Edition.
It could recalled that hundreds gathered on the 17th July, 2020 a rainy day in the city of Makeni to try to block the movement of a standby 1.65 megawatts power generator to another town, fearing it would jeopardize the area’s electricity supply.
However, Justice Musu Damba Kamara granted the 13 Makeni rioters on the incident on 17th-19-July, 2020 bail. The bail conditions were as follows: the first accused person Amadu Koroma alias Kondo the sum of thirty million Leones (Le 30,000,000/00), one surety in like sum who should be a Sierra Leonean, with an established occupation or trade/ business, bail is granted from the second to the thirteen accused persons each in the sum twenty million Leones (Le20, 000,000/00), one surety in like sum, who should be a Sierra Leonean, with an established occupation or trade/ business, bail is granted pending the trial of this matter in the High Court and bail should be approved by the deputy Master Registrar. Representing the State is Lawyer Issac Yusuf Sesay while Wara S. Serry-Kamal is representing the accused persons. The Court will notify both counsels for the date.