By: Audrey Raymonda John
Joseph Sorie Kargbo and Barigye Bernard Pansiano were on Tuesday 12th September 2023 sent to prison by Magistrate Mark Ngegba of Court No1 for allegedly operating Felix group limited Trade Company without license
The accused persons made their first appearance in court and were arraigned on three counts charges ranging from conspiracy contrary to law, operating a deposit taking institution without license contrary to section 3(2) the other financial services Act 2001 and trading in foreign currency other than the Leones in Sierra Leone contrary to section 26(5) of the bank of Sierra Leone Act 2019.
The particulars of offence for count one indicate that, the accused persons on diverse dates between 1st July and 23 August 2023 at No 42 Jui Waterloo high way conspired together with other person’s unknown to operate a deposit taking institution to wit Felix group limited trade company without the relevant license by the state of Sierra Leone.
The police further alleged on count two that the accused persons on the aforementioned dates and place operate Felix group limited Trade Company as a deposit taking institution without the relevant license by the bank of Sierra Leone.
Whiles counts three added that the accused persons on the same date traded in foreign currency to wit united state dollars other than the Leones in Sierra Leone.
When the charges were read and explain to them both, no plea was taken and no legal representation was made on their behalf.
Prosecution witness No1 Donald Macauley led in evidence by Inspector Mabel Tarawally said he is working for the bank of Sierra Leone and that he recognized the accused persons.
He also recalled 1st July and 23 August 2023.
According to him, on the 23 August 2023, whiles acting in the capacity of director of financial services because the substantive person was not around, he received information from WhatsApp as to the illegal operation of the accused by receiving monies from citizens.
Upon receipt of the information, he said he related the said information to his superior.
The witness said the deputy governor of financial services immediately contacted the police who went to the scene and arrested the accused persons.
In conclusion said they were brought to the CID HQ where he made statements.
During cross examination by lawyer F I Kamara, the witness said he has been working for the bank for over 25 years.
When he was asked as to whether he had visited the address of the said company, the witness said no and that he had never got a report from citizens as to the accused persons activities.
He said they have list of institution registered with the bank and that they went through the list but the said group was not among.
When he was asked as to whether he did anything to ascertain the authenticity of the information received, he reply in the affirmative.
Lawyer Kamara suggested to the witness that if he will be surprise to know that the company is registered with corporate affairs office, the witness in reply said he will not be surprise.
Defense lawyer Kamara applied for bail on behalf of the accused persons noting that notwithstanding the charges, the accused are presumed innocent until proven guilty.
He said the accused persons were arrested base on hearsay and that they have no connection with the prosecution witnesses. His application was made pursuant to section 79 2&3 of the criminal procedure Act 1965.
The prosecutor Inspector Mabel Tarawally objected to bail due to the serious nature of the offence.
Magistrate Ngegba refused bail due to the serious nature of the offences charge. The matter was adjourned to the 20th September 2023 for further hearing.