July 19, 2021
By: Francis F.M.Harding
The State Counsel Lawyer Isaac Yusuf Sesay and Defense Lawyer Wara S. Serry-Kamal appeared before Justice Musu Damba Kamara on the 16th July, 2021 at the High Court Law Courts Building Siaka Stevens Street Freetown involving the accused persons Amadu Koroma, Idrissa Koroma, Joseph Yusuf Bangura, Ibrahim Sesay, Baimba Bangura, Mohamed Conteh, Saidu Kpanabom Kargbo, Joseph Kanu, Mohamed Kargbo and four other for conspiracy to commit a felony, carrying offensive weapon without lawful authority of reason, disorderly behavior, riotous conduct, throwing missiles and malicious damage.
The defense counsel was making application for bail to the judge while the State Prosecutor was canvasing for bail not to be grant to the defense counsel`s clients.
According to the police charge sheets the accused persons on the 17th and the 16th of July, 2020 within Makeni city conspired together with other persons unknown to commit a felony to wit carry offensive weapons. In the same charge sheet the accused persons on the same date and place within Makeni city were found behaving in a riotous manner and were found throwing to the injury, danger or annoyance of any other person or properties. In the same charge sheet is stated that the accused persons maliciously damaged Electricity Generator Transmission Company (EGTC) worth ten million Leones property of Electricity Generator Transmission Company.
When defense counsel Wara S. Serry-Kamal made her application for bail she said that she is seeking for bail for the 13 accused persons as they were charged with litany of minor offences of the removal of the EGTC generator by the government on the 19th July, 2020.
She said her clients have been in court for almost a year since the 19th July, 2020 and Monday coming will make them one year. She lamented on the Public Order Act of 1965. She also talked on the particulars of offence that conspiracy to law without indictment is just contrary to law.
Defense counsel Serry-Kamal said on the particulars of offense on section 16 (1) of the Public Order Act, her application was backed with an affidavit for bail dated and sworn on the 11th July, 2021. Defense counsel Serry-Kamal said she has two exhibits WSSK1 on the charge sheet for the 13 accused persons. WSSK2 is a committal warrant dated the 12th February, 2021. She said she relied on the entry on the affidavit and exhibit attached thereof.
Defense counsel Serry-Kamal said on the 18th August, 2020 the 13 accused persons were arrested in Makeni and brought to Freetown and since that time they have been held in custody. Given the fact with all the charges with the exception of conspiracy, she move the court to strike count one out. She said that the Magistrate conducted the preliminary investigation for six months after which the Magistrate in his indefinite wisdom committed the matter to the High Court for trial. She said since then she has been applying for bail throughout the preliminary investigation. Defense counsel Serry-Kamal continued to say that even the date the matter was committed to the High Court she applied for bail but it was refused.
Defense counsel Serry-Kamal talked on conspiracy to commit a felony contrary to law in count one. She said in the particulars of offence, the 13 accused persons conspired together to carrying offence weapons. She continued to say that count two carrying of offensive weapons contrary to section 16 (1) of the Public Order Act. She commented on the particulars of offense carrying offensive weapons without lawful authority or reasonable lawful excuse, according to her the offence should not be more than five years or fine not exceeding one thousand Leones or both.
Defense counsel Serry-Kamal said on count three disorderly behaviors contrary to section 7 of the Public Order Act is punishable to imprisonment not more one month or fine of ten Leones or both. She continued to say that count four riotous conduct contrary to section 12 (a) of the Public Order Act. She said the punishment should be two hundred Leones and not exceeding eighteen months maximum. Defense counsel Serry-Kamal said on count five throwing missiles contrary to section 6 of the Public Order Act. She said the punishment is ten Leones or one month imprisonment. She said on count six malicious damage contrary to section 51 of the Malicious Damage Act of 1861. She said the punishment should not be more than five Leones or five years imprisonment. Defense counsel Serry-Kamal said on count seven malicious damage the first accused person (Amadu Koroma) is related contrary to section 51 of the Malicious Damage Act 1861 and the punishment should not be more than five years imprisonment or hard labor.
Defense counsel Serry-Kamal said the state have filed an affidavit in opposition of Solomon Christian Kekura saying it is a serious offence and there is likelihood that they will commit similar offence. She said that the assumption that they will commit the same offence is baseless. Defense counsel Serry-Kamal said the state has proceeded in snail space in dealing with this matter and as the saying goes justice delay is justice denied. She continued to say that the accused persons have family relations in Makeni, as some of them are students, some are gainfully employed, they posed no threat to the communities and they will not interfered with witnesses.
When the State Counsel Isaac Yusuf Sesay was responding he said in opposition that the application for bail is the affidavit of Solomon Christian Kekura a State Counsel at the law Officers Department and that the affidavit was sworn on the 212th July, 2021. He continued to sat that the affidavit is a propose indictment against the accused persons. He said they relied entirely on the affidavit particularly on paragraph 2 to 9. He said bail is at the discretion of the Court and section 79 subsection 1&2 in which his learned friend is making this application is a constitutional instrument No. 8 of 2018 known as bail regulations and paragraph 203 Archibald Criminal Pleading Practice 36 Edition.
State Counsel Issa Yusuf Sesay said the use of ‘shall’ which is mandatory does not apply when applying for bail. He continued to say that he is there to canvas so that the bench rule in his favor. He continued to refer to the bench to section 3 subsection regulations 1 of the constitutional instrument No. 8 of 2018 and paragraph 2&3 Archibald Criminal Pleading Practice 36 Edition. When State Counsel was responding to the defensing counsel he said on count two carrying offensive weapons disorderly behavior, riotous conduct, throwing of missiles, malicious damage. He continued to submit that carrying offensive weapons, behaving in a disorderly and riotous manner and maliciously damage of properties both private and public is by nature a grave offence.
He continued to say by disrupting the public peace, they infringed of the human rights of others. He said that at the preliminary investigation on bail application were made and the Magistrate used his discretion not to grant bail. He continued to say that the incarceration is not unlawful for the accused persons being remanded for eleven months three weeks four day (19th July, 2020 to the date of hearing on the 16th July, 2021). He said the matter has been committed to the High Court he believe the matter is a serious one before the court.
The accused persons Amadu Koroma, Idrissa Koroma, Joseph Yusuf Bangura, Ibrahim Sesay, Baimba Bangura, Mohamed Conteh, Saidu Kpanabom Kargbo, Joseph Kanu, Mohamed Kargbo and four other were charge with seven count charges ranging from conspiracy to commit a felony, carrying offensive weapon without lawful authority of reason, disorderly behavior, riotous conduct, throwing missiles and malicious damage.
State Counsel Isaac Yusuf Sesay cited the matter for the judge not to give bail. The cases cited were Inspector General of Police and Sulaiman Konikay Tholly and Mohammed Konikay Tholly who were brought court for larceny and the Inspector General of Police against Amadu Koroma and twelve others but bail was not given to them.
In responding to the State Counsel, the defense counsel cited the Inspector General of Police against Zulaitu Copper and thirteen others they were charged with malicious damage, felony but the bail was granted. Justice Musu Damba Kamara said she will call both counsels for a date to come back to court.