October 4, 2021
By: Audrey John
Alusine Kamara have been in the male correctional center for four months on a count of Robbery with violence contrary to section 23(1) (b) of the Larceny Act of 1971, and two count of assault occasioning actual bodily harm contrary to section 47 of the offence against the persons Act of 1916.
According to the particulars of offence on Friday 30th April 2021 at Fourah Bay road the western area in Freetown robbed Hawa Kama Sesay the sum of two hundred thousand Leones (200,000) and used personal violence to the said Hawa.
On count two and three the accused person assaulted ASP Ansumana Kekereh Koroma and the said complainant.
The charges were read to the accused person and no plea was taken.
Magistrate Sahr Kekura said the prosecution in establishing its case against the accused person called three witnesses in evidence including the formal witness who tendered various exhibits respectively.
All prosecution witnesses were cross examined by the accused person himself and in looking at its entirety including the information before the court as the accused was charged under a ghost law.
The accused was charged with the offence to robbery with violence contrary to section 23 (1)(b) of the Larceny Act of 1971 such laws does not exist and the offence before the court was Larceny Act 1916 and not 1971.
The prosecution had all the opportunity to amend pursuant to section 105 of the Criminal procedure Act No.32 of 1965 but they failed to do so regarding count two and three the prosecution failed to come with independent witness to testify that indeed the accused assaulted both complainant even the endorsed medical reports which are exhibit A1-2 did not indicate that the complainant felt pain as a result of the alleged assault by the accused the evidence on the alleged assault has created in favor of the accused person.
However, Magistrate Kekura said the Prosecution failed to prove their case beyond reasonable doubt in the light of the fore going the accused is discharge on count one pursuant to section 118 of the Criminal procedure Act.
The accused person is further acquitted and discharge on both counts two and three respectively.
Inspector Andrew A. Komba was prosecuting the matter.