By: Hafsatu Z Bangura
Ishmeal Bah, Mohamed Saidu Bah, Zunaika Jabbie, Abibatu Sesay, Isatu Cece Samura, Isatu Kargbo, Bintu Bangura, Ibrahim Bangura, Sulaiman Shaw, Samuel Waba Samura and Ibrahim Koroma made another appearance before Justice Adrian Fisher of the High Court No.1 in Freetown in an appeal conviction by the appellants. Justice Adrian Fisher sentenced the accused person’s respectively to a minimal sentence of 12 and 15 months respectively.
The appellants in this case were convicted by his worship Magistrate Mark Ngegba of two counts of disorderly behavior contrary to section 12 of the Public Order Act no.46 of 1965 as repealed and replaced by section 12 (a) of Act no.15 of 1973 and Riotous Conduct contrary to section 12 of the Public Order Act no.46 of 1965 as Repealed and Replaced by section 12 (a) of Act no.15 of 1973, in a judgment dated 27th June 2022.
Magistrate Ngegba found the Appellants guilty as charged and sentenced all the Appellants to 18 months imprisonment on both counts, to run concurrently, it is against these convictions and sentence that the Appellants filed an Appeal against both convictions and sentence.
The Appellants appeal against their convictions and sentence on several grounds to the total of six grounds. In summary of the appeal the Appellants appealed that the learned Magistrate materially erred in law in convicting the appellants on the general offenses of disorderly behavior and riotous conduct. That the evidence adduced against the Appellants jointly by the prosecution/Respondent failed to support the elements of the offence of riot, that the prosecution witness also failed to corroborate each other in a material particular in order to establish a basis for the convictions on the above offenses.
Justice said that the learned trial Magistrate was biased against the Appellants in using the same defective criminal threshold and standards as well as similar evidence that was applied by him to convict the Appellants and to acquit and discharge the 12th accused person who was jointly with them.
In review of the evidence before him, Justice Adrian Fisher said the learned trial Magistrate at Para 5 of the judgment referenced the accused person came to the OSD HQ and demanded to see their relative and friend known as LAJ. That PW1 told the court that one of her superiors came outside and asked the accused persons to leave the premises and identified the 1st, 2nd, 11th, and 12th accused person’s respectively.
Delivering his ruling Justice Adrian Fisher quashed the sentences of 18 months imprisonment and substitutes the sentences on the Appellants to 12months and 15months respectively.
1st accused he said was the ring leader in the disturbance that took place that day at the CID HQ; he said no mitigating factors were advanced on his behalf, whilst one can understand his motivation for going to the OSD HQ on that day, his actions were lawless and affront to the rule of law, that he had no right to demand to see his brother in custody, only legal practitioners has that right. He said as s first time offender his sentenced was substituted from 18months to 15months imprisonment of which the said sentence is to take effect from the date of sentence.
2nd accused was also sentenced to 15months,as he said the accused was in close alliance with the 1st accused person’s in organizing the event on that day, 4th accused was sentenced to 12months according to the judge this accused was identified as one of those causing the disturbances on that day, 6th accused was sentenced to 12months as he was identified as one at the reception of the OSD HQ, 8th accused was sentenced to 12months imprisonment, 9th accused to 12months, 10th accused to 12 months and 11th accused person to 12months all sentences to take effect from the date of sentence.