By: Audrey John
Alimamy Kamara, the eighteenth accused person who was among those arrested on the 10th of August 2022, has been mentally ill.
His lawyer M. Bangura said when he was in police custody, he personally had conference with him where she observed that she is experiencing frequent memory lost.
Defence counsel said there is a provision in the Criminal Procedure Act that made it clear that such person should not be tried and it was that provision he is canvasing.
Defence counsel provides the court with a medical certificate to ascertain his client condition and further invoke section 72 sub sections 3(1) of the Criminal Procedure Act No 32 of 1965 for the eighteenth accused to be move from the rest of the others and accorded the provision cited.
State prosecutor AGM Bockarie said the documents before his Lordship did not met the threshold of section 71. He said if he has to go direct, the document will fall flat against the above section.
State prosecutor urged the Bench to discountenance the document, because there is no evidence from the police during investigation to ascertain the fact. He said if at all the document has to be consider, it has to go throw a twenty one day process sign by another doctor.
Replying to the submission of defence counsel, Magistrate Mark Ngegba said by virtue of the application, he ordered for the eighteenth accused person to be taken to the Psychiatric hospital at Kissy for thirty days examination on her health.
In that light, state prosecutor AGM Bockarie applied for her trial to be separated from the others until the date the court will be furnish to the court from the mental home.
Proceeding with the twenty nine accused persons, the court clerk put to them twenty count charges ranging from office breaking and larceny, riotous conduct, escaping from lawful custody and disorderly behaviour.
After reading the charges, lead defence counsel, Joesph Fitzgerald Kamara raised the objection of duplicity and multicity. He said people cannot riot orderly, he urged the Bench to ask the prosecution to elect which count they intend to proceed with citing Archibald Criminal Practice.
Taking the witness stand, the first prosecution witness said the prosecution want to do double barrel shooting because they are not sure of what they intend to prove.
State Prosecutor AGM Bockarie said what the defence is trying to do is to conduct the case of the prosecution. He said at the close of the prosecution’s case the accused will elect on what they want.
Touching on the issue of double barrel shot cited by the defence, State counsel said all the offences are separate and distinct. He prayed for the objection of the defence to be discountenance and allow his witness to proceed.
Having listening to both sides, magistrate Mark Ngegba overruled the objection.
Defence counsel Joesph Fitzgerald Kamara made a second bite on the argument raised by state prosecutor AGM Bockarie to back of his case that there is nowhere in section 12 of the Criminal Procedure Act that creates an offence.
Again, state prosecutor AGM Bockarie replied that Act No 15 of 1973 was the replacement of section 12.
In the interest of progress, magistrate Mark Ngegba said section 12 creates an offense and that offense is a common law offense.
Taking the witness stand Prosecution witness number one deputy superintendent of police Abu Bakar Mohamed Kamara attached at the Harbor police as Operations Officer said he was among the officers that arrested the accused on the 10th of August 2022.
He said before the arrested they were summoned to a meeting were they are informed that people intended to demonstrate and they should be on the alert.
In conclusion of his examination in chief, the police witness was cross examined and the matter was adjourned to Thursday 22nd of September 2022.