By: Audrey John
Ishmael Bah, Mohamed S Bah, Zunaika Jabbie, Abibatu Sesay, Isatu Cece Kabba, Isatu Kargbo, Bintu Bangura, Ibrahim Bangura, Suliaman Shaw, Samuel Waba Samura, Ibrahim Koroma and Ibrahim Kaba made their first appearance before Magistrate Mark Ngegba of Pademba road court No.2 in Freetown on two count charges to wit disorderly behaviour and Riotous conduct contrary to law.
According to the particulars of offence on Wednesday 15th, June 2022 at Operation Support division headquarters Kingharman Road the western area in Freetown all accused persons did behave in a disorderly manner, and on count two at the same place and date all accused persons behave in a riotous manner.
Led in evidence by Assistant Superintendent of police Hawa Bah, fourth prosecution witness (PW4) DPC 18177 Julius Foday Pewah attached to the Criminal Investigation Department CID headquarters Pademba Road Freetown said he recognized the accused persons.
The witness said he recall the 15th of June 2022 on that day whilst duty at the Congo Cross police station he was instructed by the crime officer to visit the OSD headquarters to obtain a caution statement from the accused persons. He said he and DPC 17856 Koroma IS and DPC 19841 Inspector Sellu MA obtained a contemporaneous statement from the 2,3,4,5,6,7,8,10 and 12 separately they were cautious and questioned in Krio separately and recorded it in English.
PW4 said he charged the accused persons with the offences of riotous conduct and disorderly behaviour separately; himself together with DPC 17856 Koroma I.S, DPC 17291 Kallon R.B DPC 19841 Mattia MS and Inspector Sellu LA the charge statement of all accused persons was produced and tendered in court.
Cross-examination was conducted by defence counsel Madieu Sesay Esq, and after the cross-examination, the Prosecution informed the Bench that it was the case for the prosecution.
Whereas, the defence counsel said they relied on their statement made by the police but they address the bench that the accused persons were standing trial for riotous conduct, and disorderly behaviour.
Lawyer Sesay said it is a fundamental principle of law that when accused persons were charged with an offence it beholds the prosecution to prove its case beyond all reasonable doubt, and that the prosecution has woefully failed to prove the essential element of the offence charged against the accused persons.
He adds that it became very clear during cross-examination that the evidence with which they adduced before the court has collaboration and it is contradictory same was sufficient to prove the guilt of the accused persons, etc.
In responding to defence counsel, the prosecutor ASP Hawa Bah said they have proven their case beyond all reasonable doubt and that all the prosecution evidence collaborates and the prosecution witnesses testified exactly what happened on the said date that the accused persons behaved disorderly and create a panic in the view of the public. She urged the court to stern out justice and for it to serve as a deterrent to a future occurrence.
The file has been withdrawn for ruling, while the accused persons were sent to the male correctional center in Freetown. The matter was adjourned to the 24th of June 2022 for further hearing.
