By: Audrey Raymonda John
State Counsel Yusuf Isaac Sesay has told the court that describing a defendant as being “extremely busy” is not an appropriate reason for failing to attend court proceedings, in the ongoing alleged gold fraud case involving Admire Frances Bio Jalloh and her husband, Dauda Jalloh, alias Alhaji Dausy.
The matter came up before Magistrate Mustapha Briama Jah at Pademba Road Court No. 1 in Freetown, where defence counsel Melrone Nicole Wilson informed the court that the first accused, Admire Frances Bio Jalloh, was unavoidably absent because she was making preparations for the funeral rites of her mother, who died on Friday while she was attending court.
Counsel Wilson said his client was extremely busy with arrangements for the funeral and noted that, in keeping with court practice, her sureties were present in court to stand on her behalf.
Responding to the application, State Counsel Sesay first expressed condolences to Admire Bio Jalloh and her family over the death of her mother, noting that prosecutors were also human and sympathised with her loss.
However, he argued that the description of the accused as being “busy” should not be used as the reason for her absence from court.
State Counsel Sesay said the loss of a mother is a painful experience that can affect every aspect of a person’s life, but maintained that the word “busy” was inappropriate when explaining failure to attend court proceedings.
He further informed the court that while the defence had explained why the first accused was absent, the prosecution had received a notice from defence counsel indicating their readiness to cross-examine prosecution witnesses pursuant to Section 112(c)(i) of the Criminal Procedure Act No. 8 of 2024.
According to him, the request made before the court differed from the contents of the notice served on the prosecution.
He added that the prosecution had brought its principal witness to court, who was ready to testify and be cross-examined.
State Counsel Sesay therefore urged the court to direct the sureties of Admire Bio Jalloh to ensure her presence at the next adjourned date.
He reminded the court that the matter is a preliminary investigation, which is expected to be completed within 28 days as provided by law, adding that one week had already elapsed.
In response, Defence Counsel Melrone Nicole Wilson explained that when the notice indicating their readiness to cross-examine prosecution witnesses was served on the prosecution, they genuinely expected his client to be present in court.
He said it was only on the morning of the hearing that Admire Bio Jalloh contacted him to apologise for her inability to attend, after which he instructed her to ensure that her sureties were present in court, which they did.
Counsel Wilson further stated that since the matter is a committal proceeding expected to be completed within 28 days, he was prepared to cross-examine all prosecution witnesses if they were presented on the next adjourned date.
He criticised the prosecution for bringing a witness to court when the defence was unable to proceed, describing it as a waste of the court’s time.
He appealed to the prosecution and the court to adjourn the matter to a date after Sunday, which is the scheduled burial ceremony of his client’s mother.
Counsel Wilson assured the court that he had maintained cooperation with the prosecution on several issues and promised that his client would be available at the next hearing.
Delivering his ruling, Magistrate Mustapha Briama Jah said he had considered the application made by defence counsel and the response from the prosecution.
He stated that the court must bear in mind that the matter before him involves a preliminary investigation, which is time-bound under the law.
However, Magistrate Jah acknowledged that the first accused, Admire Frances Bio Jalloh, was bereaved and unable to attend proceedings, describing the circumstance as reasonable.
He therefore granted the defence application for an adjournment and adjourned the matter to 16 July 2026.
Admire Frances Bio Jalloh and her husband, Dauda Jalloh alias Alhaji Dausy, are facing an 11-count indictment, including conspiracy to defraud, obtaining money by false pretences, conspiracy to rob, money laundering, receiving money on a forged document, uttering forged documents, selling minerals without legal permission, and tax evasion.
According to the charge sheet, the accused persons allegedly committed the offences between 10 and 14 August 2025 at No. 1 DAJ Drive, Mile 13, Freetown, where they allegedly conspired to defraud Fanni Giuseppe and Alfio Siracusa of US$210,000 by falsely representing that they were engaged in a genuine gold business.
The prosecution alleges that the accused obtained US$100,000 from the complainants by falsely claiming to operate a licensed gold business known as GAN Minerals Sierra Leone Limited and that they were authorised to sell three kilograms of gold.
The charge sheet further alleges that the accused obtained an additional US$110,000 from the complainants under similar representations and received a further US$15,000 purportedly for the payment of export taxes on three kilograms of gold.
It is also alleged that on 13 August 2025 at Milton Margai College Drive, Goderich, the accused conspired with unknown persons to rob the complainants of three kilograms of gold valued at US$210,000.
The prosecution further alleges that the accused knowingly possessed funds allegedly derived from unlawful activities and received money through forged documents, including receipts and payment invoices purportedly issued by GAN Minerals Sierra Leone Limited.
The charge sheet also alleges that the accused sold three kilograms of gold bars without legal authorisation and wilfully evaded tax obligations arising from the transaction.
The matter continues on 16 July 2026.