By: Audrey Raymonda John
In continuation of cross examination by defense counsel Mohamed Pa Momoh Fofanah the first prosecution witness Fanta Fofanah said the Mayor did not informed her that she was about to miss her flight, a reason she portrayed for not talking to them.
She confirmed that the Mayor intervene on the matter around eight at night just after the councilor was arrested.
The witness said through out that night they did not able to obtained statement from the accused because the Mayor persuaded him not to do that.
She narrated in cross examination that even though the Mayor obstructed them when carrying out their duty, they did not arrest her because she was on the verge of traveling.
When question as to whether it is part of her duty to let the Mayor travelled after obstructing them, she responded that her duty is discretion.
The witness confirmed that on the alleged date of the incident the Mayor behaved in a disorderly manner by shouting ‘ where is my councilor’, pacing up and down, but she was never arrested.
At this stage, defense counsel Mohamed Pa Momoh Fofanah said in view of the questions he has put to the accused he will like bring in again the statement of the witness which according him is germane to their case for further cross examination.
Defense counsel renewed his application for the statement of the accused to be produced in order to challenge her citing section 4&5 of the Criminal Procedure Act of 1965.
State counsel YI Sesay object to the application based on his previous terms.
He premised his objection pursuant to section 190 sub section 2 of the Criminal Procedure Act of 1865.
Among other things, state counsel YI Sesay said it is not an entitlement to the accused when a discretion has been used.
He said the prosecution is not bound to furnished the defence with the statement of the accused and have decided not to do so.
‘ My lord the law is law untill it is amended”, he stressed.
In another bit, defense counsel Mohamed Pa Momoh Fofanah said what the state has succeeded in doing in his objection was to prevent the Bench from giving them the chance to tap into the witness statement.
After listening from both sides, magistrate Marke Ngagba said section 190 cited by the defense does not applicable to this proceedings. He ordered for the prosecution to furnished the defense with the statement of the witness.
Few minutes after perusing the witness statement, defense counsel Mohamed Pa Momoh Fofanah confronted the witness as to where she made her statement and she responded that she made it at the Criminal Investigation Department.
At this stage, defense counsel Mohamed Pa Momoh Fofanah applied for the statement of the witness to be tendered in order for it to be part of the records.
It was marked as exhibit A one to four.
The witness in her statement said the Mayor held her phone high to video the alleged incident telling the world that the police are
PW1 confirmed that the Mayor told her she did not committed any offense and if they wanted to see her at the police she is available.
Taking the witness stand, the second prosecution witness Detective Sergeant 7966 Richard Junior Caulker recognized the accused person in the Dock as the Mayor of Freetown City Council and also she was at the investigation pool at the Criminal Investigation Department Airport Police Division.
He said on Saturday 17th September 2022, at seven thirty in the evening he was on duty with his colleague Fanta Fofanah when the operation officer inspector Koroma and team arrested and brought to the station one councilor Sheku Alhasssan Turay for the offenses of planning, organizing and executing the August 10th demonstration.
He said the councilor was handed over to him for investigation. He said he urshed the councilor to the investigation pool and was writing cautionary words when he heard a female voice in the charge office. The second witness said his colleague Fanta Fofanah enquire who was shouting ‘ where is my councilor’, he said.
Explaining further the second witness said the Mayor entered the investigation pool shouting why they arrest her councilor and that he will not going to make any statement.
The witness said he halted the Mayor but she refused to listen to them and continuation shouting.
PW1 said the Mayor went to the investigation pool, grabbed the councilor from his seat in a bid to move him out but they stopped them.
He said the Mayor took her phone , make a video expressing her grievance. He said his colleague Fanta Fofanah tried to calm her down and asked her to see the local unit commander.
” My lord the Mayor and my colleague left and I hold on to the accused”, he stated.
PW1 narrated that the investigation did not continue because of the behavior of the councilor.
He said upon the instructions of his boss he conveyed the councilor the Criminal Investigation Department in Freetown for investigation on the 18th September 2022
He said he was then asked to make statement.
Cross examined by defense counsel Melron Nicole Wilson, that second witness confirmed giving out his phone to the councilor to make a call for the Mayor to know his whereabouts.
He said at the time he gave the councilor his phone there was no acrimony. He said the councilor has in possession of a cross bag which the Mayor went and took but have no knowledge as to whether it contains her traveling documents.
PW1 said he has no knowledge of switching of suitcase between the Mayor and the councilor. The witness said they did not tell the Mayor why the councilor was arrested because she never enquire, but shouting at the top of her voice.
” My lord I know that the Mayor was about to travel when the councilor was arrested,” PW 2 stated in cross examination.
At the end of cross examination, state counsel YI Sesay said they will made available witnesses on the next adjourned date.
Defense counsel Joesph Fitzgerald Kamara informed the Bench that their client the Mayor of Freetown City Council is about to travel to UK on a climate change summit.
Magistrate Marke Ngagba adjourned the matter to Wednesday the 2nd of November 2022.