By: Audrey John
Everest Jones a Labourer made another appearance before Magistrate Peter Gogra of Pademba road court No.6 in Freetown on two count charges to wit Larceny contrary to section 2 of the Larceny Act 1916 and Malicious damage contrary to section 51 of the malicious damage Act 1861.
According to the particulars of offence on diverse dates between 11th January to the 20th January 2022 at No.5 Freetown road Mac Pharmacy Lumley the western area in Freetown did steal one old Kipo generator battery valued the sum of one million five hundred thousand Leones (1,500,000) Property of Ibrahim Muctar Kamara.
On count two at the same place and date maliciously damaged one Kipo Generator valued at twenty five million five hundred thousand Leones(25,500,000), four Air conditions each cost fifteen million Leones all to the total sum of seventy two million Leones(72,000,000) all to a grand sum of ninety seven million five hundred thousand Leones(97,500,000) property of Ibrahim Muctar Kamara
On his first appearance he pleaded not guilty on both count charge.
However, Magistrate Gogra in giving his ruling said the prosecution leads three witnesses, having carefully examined the totality of the evidence before him he is in the view that the prosecution failed to adduce evidence constituent with the offence charged in count one which is Larceny.
He said in other words there is no evidence before him demonstrating that the accused stole a generator battery in the entire evidence led before this court.
Magistrate Gogra said the prosecution has adduced sufficient evidence consistent with the requirements of the law in respect to count two there is evidence before the court that cable was found in the possession of the accused person which belonged to the complainant.
Evidence also led that there was a CCTV footage in which the accused person was seen destroying the said cable to the air conditioners and he examined the testimony made by the accused person.
He discharged the accused person on count one in respect of count two he sentences the accused person to eighteen months imprisonment at the male correctional center in Freetown
Inspector Mabel M Tarawalie is prosecuting the matter.
