By Audrey John
27yrs old Osman Bangura a contractor, 70yrs old Abubakarr Kargbo a Business man, 20yrs old Ibrahim David Kargbo a bike rider, 28yrs old Abdul Karim Kamara, 16yrs old Abu Koroma and Fatmata Sesay made their first appearance before Magistrate Sahr Kekura of Pademba road court No.1 in Freetown on two count charges to wit Unlawful Assembly contrary to law and Riotous conduct contrary to Law.
According to the particulars of offence on Saturday 26th March 2022 at Kissy lower Koya Chiefdom the Port Loko judicial district the North West Region of the Republic of Sierra Leone were found Unlawfully Assembled without lawful authority or excuse and on count two all accused persons at the same place and date were found behaving Riotously
The charges was read and explained to the accused persons on their first appearance and they pleaded guilty.
ASP Christiana Davis Cole and Sergeant 9155 Dwight Marcathy prosecuting the matter. ASP Davis Cole in her reply to the application made by defense counsels on the last adjourned date on the change of plea said accused persons when been pleaded guilty especially when they are represented by lawyers must do so understanding and intending by that plea.
She referred the court to Merssen and R 1995/. An application to withdraw a plea of guilty, it is very much incumbent upon the applicant to establish a good and substantial reason for the court to allow such an application which he said the defense has failed to do. In the circumstance submitted that what is consider to be good and substantial reason is whether a miscarriage of Justice should arise if the court upon the plea early place to convict and sentence the defendant or accused persons.
She added that a miscarriage of Justice in this case is not simply because an accused persons enter the plea due to their convince but where they can show that the integrity of the plea of guilty is in questions such as, a misunderstanding or threat which in this case according to her never happen, ass she said all of the accused persons were represented by barricade of lawyers.
She said there are principles on which a change of plea application should be grounded before a court, adding that some of the said principles can be seen in cases by Regiana and Boag (1994) 73A CR 35 etc. Noting them as few of the principles laid down where the applicant did not appreciate the nature of the charge to which the plea was enter, secondly, where the plea was not a free and voluntary confession, thirdly the plea was not attributable to a genius conscience of plea.
Where there was a mistake or other circumstances affecting the integrity of the plea as an admission of guilt. Finally she said where the plea was induce by threat or other impropriety, when the appellate would not otherwise has pleaded guilty. She said in all of the above principles laid out, the accused persons were very much represented by learned Counsels and therefore none of the above occurred.
According to her, the bench was about to convict them when the plea was change. In conclusion said the prosecutor in recognizing the fact that the discretion of plea change lies on the bosom of the bench and are not contesting same. She however drew the attention of the bench to the above principles. The prosecution therefore sees the application of the defense as not a means to prevent a miscarriage of Justice but as a deliberate means of preventing or delaying justice. It is believe that justice delayed is justice denied and therefore requested for the application to be disregarded and sentences is passed as was intended by the bench.
Franklin Unisa Conteh led Counsel for all the accused persons pleaded on behalf of all the accused person.
Magistrate Sahr Kekura refused bail and adjourned the matter to 14th April 2022 for ruling, whilst the juvenile was taken to the Juvenile home.
