By: Audrey John
Principal Magistrate His Worship Magistrate Mark Ngegba has on the 16th August,2022 committed for trial at the High Court the case between the Inspector General of Police and accused Alhaji Amadu Bah popularly known as LAJ.
LAJ is one of Sierra Leone’s popular musicians who was before the Court to answer to three (3) Counts of Robbery with violence contrary to Section 23 (1) (b) of the Larceny Act, 1916 as repealed and replaced by Section 2 of Act No.16 of 1971 and one (1) Count of Assault occasioning Actual Bodily Harm contrary to Section 47 of the Offences Against The Person Act of 1861.
It was alleged that accused LAJ on 12th June, 2022 at Leonco Fuel Station at Water Street, Congo Cross Main Motor Road robbed Francess Wilson, Ishmael Kamara and Christina Koroma. It is also alleged that he assaulted Musa Mansaray.
At the close of the Prosecution’s case with options put to the accused LAJ pursuant to Section 115 of the Criminal Procedure Act of 1965, a No Case to Answer Submission was made by the Defense team on behalf of the accused LAJ.
Principal Magistrate His Worship Magistrate Mark Ngegba explained that a Preliminary Investigation is a proceeding in which the Court seeks to determine whether there is sufficient evidence that a crime has been committed and the accused is probably guilty thereof and should be held for trail. According to the Principal Magistrate, the standard of proof in a Preliminary Investigation is not the same as the one in trail.
“In a trial, the Prosecutor must prove beyond reasonable doubt that the accused person committed the offence charged and that any such doubt arising from the facts must be held for the benefit of the accused,” said Magistrate Ngegba, reiterating further that, “This means that the Prosecution must prove every element of the offence alleged.”
He stressed that all that is required is a prima facie evidence to make a prima facie case that the accused person must answer to.
Referencing the Defense team, he said they argued that the evidence against the accused LAJ is not enough to warrant a committal to the High Court. The Defence referred to few instances of inconsistencies such as the evidence of PW1 who stated that the Manager was around during the incident.
The Prosecution however relied on their factual witnesses. They asserted that it was the accused LAJ who robbed Francess Wilson Two Million and Ninety Thousand Leones and robbed Ishmael Kamara Four Million Two Hundred Thousand Leones. By exhibits C, D, E and F, the Prosecution attempted to establish the element of violence used during the alleged robbery.
In his Ruling, Principal Magistrate His Worship Magistrate Mark Ngegba said, “having given due consideration to the evidence in its entirety, I hold that there is sufficient evidence to warrant the trial of the accused at the High Court for the offence charged.”
He concluded that, “This case is therefore committed for trial at the High Court.”
