By: Audrey Raymonda John
A 28-year-old businesswoman, Eppie Turay, made another appearance before Magistrate John Manso Fornah at Pademba Road Court No. 2 on a one-count charge of cyberbullying, contrary to Section 44(1)(b) of the Cybersecurity and Cyber Crime Act 2021 (Act No. 7 of 2021).
According to the particulars of offence, between 1st and 31st October 2025 in Freetown, the accused allegedly used social media platforms, including Facebook and WhatsApp, to communicate repeatedly with Alphanatu Konteh. It is further alleged that she used Facebook accounts named “Ada Yansaneh” and “Aiisha Yansaneh,” as well as a WhatsApp SIM number 099405804, to send messages which she knew were detrimental to the complainant.
When the charge was read and explained to the accused, no plea was taken.
Defence counsel, S. Bangura Esq., raised a preliminary objection, arguing that the information was defective on several grounds. He submitted that the case was based on hearsay and that the foundation for the charge was flawed, as the complaint originated from the instruction of a third party.
He further argued that the report was made on behalf of the victim by her aunt, as indicated in Folio C, and that the sworn statement in the matter was also made by a third party rather than the alleged victim. Counsel contended that, in cyberbullying cases, a sworn statement is a crucial legal document that must be made by the actual victim, as it forms the basis for police investigation and prosecution.
He added that the complainant in court, identified as Hawanatu, is not the victim and therefore lacks legal standing (locus standi) to testify about the impact of the alleged messages. He also argued that screenshots of WhatsApp and Facebook messages were obtained from the complainant’s phone rather than the victim’s device, raising questions about authenticity and admissibility.
Counsel maintained that proceeding with the information would be prejudicial to the accused and would deny her the right to confront the actual victim, thereby violating principles of fair hearing. He cited the case of Desmond Dumbuya v. Philip Brima Kamara in support of his argument and urged the court to strike out the information.
In response, the prosecution requested time to reply to the defence submission.
Magistrate Fornah subsequently adjourned the matter to 4th April 2026, with bail continuing for the accused. The case is being prosecuted by Deputy Superintendent of Police Sorie Conteh.