October 4, 2021
By Audrey John
Santigie Fofanah, Joseph Jusu Sandi and Pateh Bah have been appearing in court on Conspiracy to commit a felony contrary to law, Larceny contrary to section 2 of the Larceny Act 1916 and Receiving stolen goods contrary to section 33(1) of the Larceny Act 1916.
According to the particulars of offence sometimes in January 2021 at No. 11 Lewis drive Juba Lumley the western area in Freetown conspired together with Joseph Jusu Sandi to commit a crime on count one and two the 1st and 2nd accused persons did steal property worth twenty five million Leones (25,500,000) property of Daniel Ojeah, Henry Williams and Leslie Nicole.
On their first appearance the first accused person pleaded guilty whilst the 2nd and 3rd accused person pleaded not guilty.
Magistrate Sahr Kekura in his judgment said for 2nd and 3rd accused persons, the prosecution called five witnesses in evidence including the former witness and the exhibit Clerk who tendered various exhibits respectively.
All the witness called by the prosecution were cross examined by defense Counsel I.D.B John and C.J Luseni for and on behalf of the 2nd and 3rd accused person respectively on the close of the prosecution case A.D Sesay made a no case submission for and on behalf of the 2nd accused person.
Magistrate Keikura said looking at the evidence adduced in its entirety before the court including the no case submission for and on behalf of the 2nd accused person who admitted in his unsworn statement that he stole the sum of four million Leones from the room of the complainant.
The no case submission made by defense Counsel A.D Sesay said none of the prosecution witness said accused carted away with the properties and money.
Magistrate Keikura in view of the confessional statement before him said he is convinced that the 2nd accused person has a case to answer.
Regarding the 3rd accused person none of the witness led by the prosecution said they retrieved any of their properties from the 3rd accused person nor did they say they saw him selling the chain or necklace they only said the 1st accused said he sold the chain to the 3rd accused person in which the amount was not stated in court and it is not tenable one cannot used the statement of a Co-accused to convict a Co-accused.
Magistrate Kekura said since the 1st accused person had pleaded guilty and has been in custody for five months he was fined five hundred thousand Leones or six months imprisonment at the male correctional center in Freetown whereas the 2nd accused person based on his confessional statement he is convinced that he has a case to answer on count two.
Regarding the 3rd accused person the prosecution has failed to prove its case beyond reasonable doubt against the 3rd accused person. He was charge with the offence of wounding but the Prosecution was unable to prove its case beyond reasonable doubt.
The 3rd accused was acquitted and discharge and the exhibit to be returned to the right owner.
ASP Aminatu Daboh was prosecuted the matter.