By: Audrey John
Magistrate Mark Ngegba of Pademba road court No2 has on Monday 27th June 2022 sentenced Ishmael Bah and ten others to 3 years imprisonment after finding them guilty of disorderly behavior and riotous conduct respectively.
Whiles the 12th accused Ibrahim Kabia was acquitted and discharged of the said counts.
The convicted accused persons were standing trial before the court on two counts charges of Disorderly Behavior and Riotous conduct contrary to section 12 of the public order act No46 as repealed and replaced by section 12 (a) of act No15 of 1973.
According to the charges, it was alleged that Ishmael Bah, Mohamed S Bah, Zunaika Jabbie, Abibatu Sesay, Isatu Cece Kabba and six others on Wednesday 15 June 2022 at Operation Division Support headquarters Kingharman Road Freetown did behave in a disorderly manner and riotous conduct.
Magistrate Ngegba before his judgment informed the court that, the prosecution in proven their case against the accused persons and called four Witnesses who testified and were cross-examination by the defence team.
He said there is evidence that the accused went to the OSD Head Quarters demanding to see LAJ and when they were told that he is not in their custody they started throwing mega rubbers at the police adding that it was the first, 6, 8,9,10 and 11 accused who went to the reception demanding to see LAJ at all means whiles others were misbehaving and that was when AIG Tawa ordered their arrest.
Statements of all the accused persons were tender in court as exhibits respectively to form part of the prosecution case.
Magistrate Ngegba added that at the closed of the prosecution case, each accused relied on their statement to the police, noting that he had carefully read all their statements as to what happened on that day.
According to him, statements of the third, fourth, fifth and sixth accused persons attempted to tell the same story of them campaigning for one of the housemate salon contestants when they were arrested but said find it not convincing.
Also, the Fifth and tenth accused persons in their statements revealed that they are both lovers living together.
The seventh and eighth accused persons also stated in their respective statements to the police that they are lovers but their statements did not collaborate.
He said the reason given by the first accused person to the police was the same as that of the 11 accused.
Whiles 12th accused in his statement to the police said at the instructions of his mother, he was sent to collect some money.
Generally, each accused denied the allegation but at some point shows that they were at the scene of the crime.
“I have pointed out the inconsistency in each accused person’s statements and I find the 12th accused person’s story convincing and there was also evidence of the of the accused person to help one and another”, he said.
According to him the defence attempted to defend the allegation but failed woefully.
“Having looked at the evidence before me, and giving due consideration, 1-11 accused persons are guilty on both counts charge of disorderly behaviour and riotous conduct respectively whiles 12th accused acquitted and discharge”, he ruled.
Lawyer Derick Atachor in his plea mitigation on behalf of the first to a sixth accused person said that the convicted accused persons are vibrant young and energetic Sierra Leonean and in his opinion form the future of this nation.
He added that some of them are breadwinners of their families and some are students.
He pleaded further with the court to temper justice with mercy stating that the convicts having spent over a week at the correctional facility have had a bitter lesson.
Lawyer Atachor said a custodian sentence will distract their mind and that in tempering justice with mercy plead with the bench to caution and discharge the accused persons but in an unlikely event is not attained beg for a minimal fine to be levied on them.
Lawyer Madieu Sesay in his plea mitigation on behalf of the 7,8,9,10 &11 convicted accused thank the bench for his ruling, adding that the laws of Sierra Leone are meant to reform citizens and that standing before the court and having
spent a week and a half at the correctional facility they have learnt their lesson.
He revealed to the court that the seventh and eighth accused persons are husband and wife and that they had a 6-month-old baby who has been living without a parent for over a week in the circumstance and pleaded with the court to temper justice with mercy.
He added that 7 to 11 accused are first-time offenders and that section 12 of the constitution gives the bench the right to caution and discharge which he employs the bench to apply to the accused persons.
Lawyer Sesay also pleads with the bench not to impose a custodian sentence on them but a minimal fine, adding that though the conviction is a matter of law but sentencing is the discretion of the bench.
The State prosecutor Y. I Sesay in reply to the plea mitigation of the defence counsels said the convicts who were charged on two counts of disorderly behavior and riotous conduct have the same punishment and can be fined Le 2, million or punishment of one year six months, he, therefore, ask for the maximum, adding that the defence did not address the issues of sentencing.
He noted that the court is a court of law and the country is governed by law, adding that the evidence of PW1 shows that how the accused persons acted at the OSD Head Quarters is premeditated.
“In as much as we consider riotous conduct as a misdemeanor but it conducts itself will lead to death in the circumstance beg the bench to give the convicted accused a maximum sentence that will send a warning to others out there, adding pleading further for it to run consecutively and not concurrently.
Magistrate Mark Ngegba in his judgment said having listened to both the defence team and the state prosecutor in respect of the offence sentenced all the convicted accused persons to 18 months imprisonment for disorderly behavior and 18 months imprisonment for riotous conduct.
He ordered both counts to run consecutively, and after the judgment, the entire convicted person including three females, their relatives and friends burst into tears in open court.
Whiles the lawyers express disappointment at the judgment.
