By: Audrey John
Joseph Sheku, Jalloh Sambaia Bendugu Retired Military Business man and six others were dragged to court for an alleged Arm and Ammunitions at Sambaia Bendugu.
The charges were read and explained to the accused persons by the Court Clerk Alie Turay and they all pleaded not guilty on all the charges.
The accused persons were standing before the principal magistrate Sahr Kekura of Pademba road court No.1 on nine counts charges of Possession of small Arm without License Contrary to section 11(1) of the Arms and ammunitions Act 2012, Act No.9 of 2012.
On count two, Unlawful Concealment Arms- Contrary to regulation 22 of the Arms and Ammunitions regulation 2014, Statutory Instrument No.8 of 2014, counts three and four state that carrying offensive weapon Contrary to Section 16(1) of the public Order Act No.46 of 1916.
On count five, carrying offensive weapon contrary to section 16(1) of the public Order No.46 of 1965.
Count six stated that threatening to burn a house Contrary to Section 50 of the Malicious damage Act, 1861, count seven Obstruction contrary to section 39 of the police Act 1964 Act No.7 of 1964 and Riotous conduct contrary to Section 12 (a) of the Public Order Act 1965.
Police alleged that the first accused Joseph Sheku Jalloh on Wednesday 8th June 2022 at Sambaia Bendugu in the tonkelili District in the Northern Province was found in possession of one small Arm (Shortgun) without license.
On count two at the same place and date the second accused person was found carrying offensive weapon to wit a cutlass.
On count three at the same place and date was found carrying offensive weapon to wit one Bayonet knife on count six the six and seven accused persons threatened to burn the house of Honorable Paramount Chief Alhaji Bamba foray Kulio.
On count seven the Forth accused person Obstructed the police whiles in due execution of their lawful duties on count eight and nine all accused persons behave in a riotous conduct.
Led in evidence by A.G.M Bockarie Esq.
Prosecution witness number three John Lamin Foray chief police inspector lives in Bendugu town. He is in charge of the Bendugu police post.
Mr. Foray said he recognized the accused persons.
He has been an officer at Bendugu town for three months.
He has only known the first accused.
On 7th June 2022, he was on duty at the Bendugu police post. On this day it was the time of the campaign of their political parties in Constituency 056.
On that day the first accused and the APC supporters organized a meeting.
At 4-5 pm, he was at the police when he heard unusual noise in Bendugu town. He and his colleagues Sam Lahai and others left the police and went to the scene.
They met people singing provocative songs that SLPP are bias within the residential area of the candidate of the SLPP and the paramount chief, Alhaji Musa Bamba Jalloh.
Six of them who were assigned to man the Bendugu town approached them and told them that they should not be singing such songs.
On his return to the police, he called the deputy superintendent to inform him about the situation at hand that he couldn’t handle the kind of situation because of the political nature.
He further informed the chief superintendent of police Mohamed Ben Unisa and also the asp of police, Thomas Tommy.
At around 6pm, three of them decided to man the township at a time when his other colleagues were yet to arrive, but the situation was not favorable for their number.
He informed the local Unit commander (LUC) that the situation was rough and he responded that reinforcement would come from Magburaka to Bendugu Town.
Five of them were in number at around 8pm. At around 9, a military personnel from Bumbuna town and OSD personnel from Bumbuna joined them to patrol in Bendugu Town.
While patrolling along the Kunya road, the road leading to the Bendugu town, at around 10 pm they came cross the 12 accused persons having cutlasses, and he questioned them as to where they are going and why they were having cutlasses, they said they were just around the area. Both of them were arrested. While they were arrested, the fourth accused came with a Moto bike with registration number Ark 792.
They were arrested for obstruction while they were on duty. While on duty, operation team head by Asp Thomas EK Tobby arrived at the Bendugu police post. The asp was in charged by then and told them he should join the patrolling team. They continued the patrolling the next day 8th June 2022.
He received information from one Robert Salia and that he and the crime officer left the post and went to the resident of the first accused.
He told the accused that he made to understand that he had brought thugs at the Bendugu town. They produced a search warrant for the first accused. They were given the permission to search the house.
At the backyard of the house, one of the rooms, they met only two young men – Mohamed Jalloh, Ibrahim Sorie Mansaray – who were identified by the town chief that they were not residents of Bendugu town.
The prosecution produced the document of the search warrant of the first accused and the witness acknowledged it.
That he was told by Robert Salia that cutlasses were in his house and he was held in custody.
He said the two cutlasses were from the 2 and 3 accused, the kitchen knife brought by Robert Salia.
On the 8th in the afternoon, they were at the police post at around 4pm they received information that the thugs who ran away had went to the house of the first accused.
He and the ASP, the Youth Leader of Bendugu, representative of the town chief left for the resident of the first accused. They met the younger brother of the first accused, explaining to him that they came to search the house.
During the search, he said they used the manhole on the ceiling and there was a blue bag which contained a single barrel gun that was in the blue bag which was then handed to the crime officer and the ASP. They searched the rest of the house. Nothing was found except the barrel gun and the house was not damaged.
A certificate of content of search warrant was presented and Defense objected to the tendering of the search warrant document contrary to Section 30 1 of the CPA in which there is a procedure for a search warrant in order to guarantee the fundamental protection of the individual.
That the right to privacy and the right to the property of the individual as enshrined in section 22 of the constitution.
That it is the fundamental human rights of the individual that the document is incompetent, immaterial and cannot be used for this purpose. He asked that they refused the order to tender the material.
The state counsel stated that what the defense did was to exclude the importance in the evidence which was done lawfully in the cause of the police investigation.
He reminded that the principle of material, so long it is important; they should bring it in court.
He stated that section 245 of the CPA of 1965 defective order of warrant of the court does not render the person unlawful.
He submitted that the consent as the witness referred to is relevant and the purpose there was to search and that entering in the building was not unlawful, adding that the document was signed.
That this consent that the prosecution is seeking does not follow the provision of 245, asking whose consent it might be. This document is not consent, not an order, not a warrant for the purpose of the law. The document is highly prejudicial and the accused was not present. They reject the document and refused the entirety to the court.
The defense renewed the application for bail for all of the accused persons, there is no evidence yet that any of the accused persons are not entitled to bail.
The magistrate stated that when he is satisfied with the evidence he would decide.
The magistrate will give a ruling on this area on the 4th August 2022
