By: Audrey Raymonda John
Defense Counsel for Salamatu Tarawalie an accused person who was in court with Anthony John Trye for unlawful possession of Cannabis sativa and Kush, Lawyer Julian Cole has said his client, the first accused statement was obtained under duress and made a submission for the court to do trial in order to ascertain the voluntariness of the said statement.
Salamatu Tarawalie a Pupil attending Kelly Royal Vocational Agricultural Secondary School, Hastings and Anthony John Trye are before Magistrate Sahr Kekura of Ross Road Court No.1 for a preliminary hearing for allegedly possessing dried leaves suspected to be cannabis sativa and Kush contrary to section 8 of the National Drugs Control Act of 2008.
It was alleged on the charge sheet that on the 11th of May 2023, at No. 79 Carr Street Hastings, the first accused Salamatu Tarawalie was found in possession of twenty-four parcels of dried leaves of cannabis sativa weighed 20.8 grams without lawful authority. The second accused Anthony John Trye was found with seventy wraps of dried leaves suspected to be Kush.
Led in evidence by Sub Inspector Isatu Bangura, the witness Detective Police 18138 Constable Lakor Kargbo attached to the Criminal Investigation Department Ross Road police station recognized both accused persons when arrested and brought them to the station for investigation. He said on the 11th of May 2023, he was on duty when the Operation Officer Assistant Superintendent of Police Alusine Kargbo arrested and brought in the accused for the offence of lawful possession of dried leave suspected to be cannabis sativa and Kush.
The investigator said a search warrant and police report were submitted by the arresting officer which he produced for identification.
He said the arresting officers allegedly stated that the first accused Salamatu Tarawalie was found with twenty parcels suspected to be cannabis sativa and the second accused Anthony John Trye was found with seventy wraps of dried leaves suspected to be Kush.
The said substances are handed over to the exhibit clerk for safekeeping.
Explaining further the investigator said on the 1st May with Detective Sergeant 56100 Marrah T.M obtained voluntary cautioned statements from the accused persons separately. He said after obtaining the statement the accused admitted it to be true and correct and signed by affixing their right-hand thumbprints.
The investigator was about to tender the statement of the first accused when defence counsel Julian Cole objected on the grounds that it was involuntarily obtained under duress. Secondly, he said the first accused was not given the opportunity to have legal representation whilst the said statement was obtained.
Defence counsel further stated that for these reasons the statement of his client should not be tender. He said the prosecution is at liberty to concede to his objection, if not he thereby gives a submission for this matter to be tried on trial to ascertain the voluntariness of the said statement.
In that light, the prosecution asked the Bench for a short date to reply to the objection made by the defence counsel.
Defence counsel Julian Cole applied for the prosecution to make avail the statement of his client.
Magistrate Sahr Kekura said there is already an objection to that statement and the prosecution is yet to reply in order for him to rule.
In another hand, the defence counsel asked for the police report exhibits Z and Y to be made available to him which was granted by the Bench.
Magistrate Sahr Kekura granted the first accused bail in the sum of two hundred thousand Leones with a surety in like sum. He adjourned the matter was later adjourned to the 9th of June 2023 for the prosecution to reply to the defence counsel’s objection.