September 15, 2021
By: Francis F.M.Harding
Accused person, Victor Koroma appeared before Justice John Bosco Allieu on the 9th September, 2021 at the High Court in Freetown. The accused person is indicted on one count of indictment with the offence of burglary contrary to section 25(1) of the Larceny Act and section 13(a) of the Larceny Act 1916.
In the particulars of offense is that Victor Koroma on the 29th July, 2021 at Freetown in the Western Area of Sierra Leone break and entered into the dwelling house of Ann-Marie Kallon and stole therein property cost eleven million five hundred and ten thousand Leones (Le11, 510,000/00) property of the Ann-Marie Kallon.
When State Counsel Lawyer Alberta Kargbo was delivery her closing statement she said on the 25th June, 2020 the aforementioned charge was put to the accused person and he pleaded not guilty to the of the offense. Alberta stated that the prosecution is required by law to proof the guilt of the accused person beyond every reasonable doubt. She said the prosecution called the following witnesses Police Constable 17772 Swaray F. who stated that is a police officer and he was at his station when the case of burglary and larceny was reported to him and he went to the scene of crime and photograph was taken and later investigate the accused person.
She went on to say PW2 was the complainant Ann-Marie Kallon who stated that she was at home at 2am sleeping when she suddenly awake and saw the accused person she shouted out the name of the accused person and he eventually run away. PW2 said that she went to the parlor and discovered that theft has break and items was stolen. The prosecution tendered voluntarily statement, the charge statement, search warrant, pictures of the scene of crime and committal warrant of certificate was tendered.
The prosecutor said on the 8th August, 2021, the accused person decided to testified and called witness. The State said the accused person said on the 27th July, 2020 he travels to Bo with Alpha, and that DW2 was Alpha who testified that he travel with the accused person to Bo.
The State said that the offense of burglary and larceny section 13(1) of the Larceny Act 1916 creates the offence of burglary and larceny and the punishment. Section 13(a) provides that if person break and entered into the dwelling house. She continued to say that PW1 said she asleep when the accused person break into her house and steal. She said that the prosecution has proof that the accused person steal in the said house. She said the prosecution rely on paragraph 110 Archibald evidence and practice in criminal cases 1960 36 edition which provide that the intention at time he commit the offense is an essential ingredient.
In her conclusion the State said that the defense told the court that the accused person was not around but the complainant said she knew the accused person as he normally work for her and she urge the judge to return a guilt of verdict against the accused person.
In delivering her closing statement the lawyer for the accused person Cecelia Tucker said section 13(a) of the Larceny Act of 1916 that the aforementioned charge was put to the accused person and he pleaded not guilty. She said as a result of this the onus of this accused person rest on the prosecution which must be proof beyond every reasonable doubt as it was established in celebrated cases of DPP in 1935. She said the prosecution called two witnesses one police officer and one factual witness. She said PW1 the police investigator said as a police officer attached at the Congo Water Police Post Wellington he investigated the case as was reported to him by the complainant. Defense went on to say that the police officer said during the curse of the investigation he conducted a search warrant at the place of the accused person and nothing of police interest was found.
She said that under cross examination the police officer confirmed that the accused person told him that on the 29th July, 2020 the accused person was in Bo together with his boss (Alpha) and whiles he was obtaining voluntarily cautioned statement the accused persons told him that he deed visited the complainant on the 30th July, 2020 when he returned for Bo.
Defense said PW2 was Ann-Marie Kallon the complainant said that the accused person visited her on the 31st July, 2020. She said under cross examination PW2 alleged that during the incident she raise an alarm and the neighbors were alerted. She said at the closed of the prosecution case the accused person was given opportunity to open his case and the accused person testified and called one witness.
Defense continued to say that the accused person confirmed what he told the police officer that he travel to the provinces from the 27th July, 2020 and returned Freetown together with his boss on the 30th July, 2020 and yet he was kept at the police station for five days. She said the accused person he was executed by the police to his premises and his house was searched and nothing of police interest was found.
He denied what was said by PW2 here that he treated the complainant. “I was being silence by two police officers and I did not say a word to the complainant”. Said the accused person. She said the accused person called DW2 Alpha Turay the boss of this accused person who testified that the accused person is his apprentice and on the 27th July, 2020 both of them travel to Bo and they returned to Freetown on the 31stJuly, 2020.
Defense said that from evidence before this court it is clearer that the prosecution has failed to proof her case against the accused person. Defense said the complainant said that one Raster arrested the accused person who has never testified before this court. She ended by pleading to the court that the accused person must acquit and discharge. Justice John Bosco Allieu said this matter is reserve for judgment and so the accused person should remanded in custody. Representing the State is Lawyer Alberta Kargbo while Lawyer Cecelia Tucker is representing the accused person.