July 22, 2021
By Audrey John
In furtherance of cross examination by Counsel representing the second accused,Detective Police Constable Joseph Collins said he came to the investigation two days after it was initiated.
He confirmed that he was au fait with the action he undertook since a team was assigned to play different role.
When questioned as to whether he read the statements of first accused, he responded that he read it partially.
“I wasn’t there when first accused was cautioned” PW1 stated.
He also told the court that Aruna Rahim is the person who the container was shipped to.
Testing the evidence of PW1 on behalf of 3rd and 4th accused persons, by Defense Counsel MN Bittar representing both 3rd and 4th accused person cross examined DPC Collins.
He said during the interview, 3rd accused denied the allegations and informed him about his employment and duties.
The witness agreed with defense Counsel that looking at exhibit D 1-3, the delivery order attached to the file, the witness confirmed printed to it was the Identity card of 4th accused who was working for Capital Africa Logistics as an operation clerk.
He also clarifies exhibits B two as an invoice from the Ocean Marine Shipping Agency based in the United State of America and stated that neither the 3rd and 4th accused are employees of that agency.
He said during investigation, 3rd accused said he was involved in the clearing of the container on Friday 2nd of June 2021 and for the 4th he did not obtain his statement.
Re-examined by State Counsel John AK Sesay, PW1 amends a question he earlier answered to in cross examination by counsel for 3rd and 4th accused.
At the end of cross examination, the State Counsel applied for the release of his witness
State Counsel informed the Bench that his second witness was present but for the sake of fairness and the interest of justice, they cannot proceed because the team is still on their post charge investigation.
The defense re-applied for bail on behalf of their client. He said they have been in court on four adjourned dates and if granted bail they vouched for safe conduct.
Defense counsel further stated that second accused is an Honorable Member of Parliament representing a constituency and will not be flight risk.
Speaking on the medical issue of 2nd accused, he said they have tried frantically to get the medical report from the doctor to no avail.
State Counsel John AK Sesay in response said bail is the discretion of the Bench. He informed the Bench that the Office of the Attorney General and criminal investigation department (CID) are still working on their post charge issue.
Magistrate Keikura in giving his ruling, said upon hearing the application of the defense, he is taking in to consideration that post charge investigations are ongoing. He refused the accused bail and adjourned the matter to Monday 26th July, 2021.