September 15, 2021
By: Audrey John
“The English language is a lawyer raw material”, under section 105 the court have the right, where the charge is defective to amend it.
Prosecuting Counsel Charles Margai made the above statement when replying to objections made by defense counsel Lansana Dumbuya that the charges against his client are not proper.
Defense counsel, Lansana Dumbuya client Tejan Muctar Kally was arraigned before Magistrate Sahr Kekura of Pademba Road Court No 1 for Preliminary Investigation on three count charges of wounding with intent Wounding contrary to section 20 of the offense against the persons Act of 1816 and assault occasioning actual bodily harm contrary to law.
It was alleged on the charge sheet that the accused Tejan Muctarr Kallay on Monday 30th August 2021 at No. 5 Elba Street in Freetown Mrs Mamusu Rosaline Muctarr Kallay with intent to do her grievous bodily harm.
Charles Margai responding to Lansana Dumbuya said one objection should not delay the cause of justice.
Replying to Charles Margai, Lansana Dumbuya said whatever language he use did not matter as long as he has made an objection. Lawyer Dumbuya said the prosecution said they are going to amend and in that case they are asking for cost.
Having heard the objection of defense that the charges are defective and the reply of prosecuting thereto, Magistrate Sahr Kekura ordered for the charges to be amended.
After reading the amended charges, prosecuting counsel informed about the Bench that they had no intention to commence because they are yet to have proper conference with their client.
Defense counsel Lansana Dumbuya applied for bail on behalf of his client citing section 79 of the Criminal procedure Act of 1965. He said both parties are family members and urged the bench to put his client on self-bail.
Responding to the defense, prosecuting Counsel Charles Margai said the offenses are bail able and that he is not oppose to bail. He said the accused is innocent until proven otherwise.
Magistrate Sahr Kekura granted the accused bail on his recognizance and adjourned the matter to the 21st of September 2021.