By: Audrey John
Bernard Tawarally and Alfred Thompson made their first appearance before Magistrate Mark Ngegba of Pademba Road in Freetown for unlawfully entering into Michael Jalloh’s land situated at ToKeh Village Goderich in Freetown and maliciously damaged a makeshift structure worth thousands of Leones.
The defendants appeared before the court on three counts of trespass, malicious damage and larceny, all contrary to the laws of Sierra Leone.
It was alleged that both defendants, on 29th June 2022 at Time Village Goderich, in Freetown Western Rural District (WARD) unlawfully entered into Michael Jalloh’s land in an annoyed manner.
The charge sheet indicated that Bernard Tawarally and Alfred Thompson, on the aforementioned date and address in Freetown maliciously damaged a makeshift structure worth thousands of Leones.
Eventually, count three adduced that both defendants, on the same date and place stole two tons of iron rods, ten bags of cement, cap nail and other properties all valued at thirty nine thousand, six hundred and fifty Leones (Le39, 650).
Led in evidence Charles Pujeh Esq representing the complainant prosecution witness number one Michael Jalloh resident of Goderich in Freetown, a businessman told the court that he recognized the first defendant when took him to the Criminal Investigations Department (CID) on Pademba Road in Freetown for the portion which 42 acreages at Toke Village in Freetown.
PW1 said he also recognized the second defendant Alfred Thompson when brought him to court for the said portion of land in question.
Mr Jalloh said he could recall 29th June 2022, adding that on that day he received a phone call from his caretaker, whose name was not mentioned, and currently residing on the said land.
The witness narrated to the bench his caretaker told him that both defendants and thugs have unlawfully entered the land demolished his makeshift structure and also carted ten bags of cement, zinc, nails and other properties totaling thirty nine thousand six hundred and fifty Leones (Le39,659).
Mr Jalloh informed the court that though he is not the actual owner of the land being it a family land, but the same family has handed over to a power of Antony or conveyance to him as a caretaker, which was produced for identification.
He said both defendants claimed possession of the said land and unlawfully entered the land beat his boys and also damaged his corrugated structure for erecting a permanent structure on the said land.
The witness said both defendants reported him to Local United Commander (LUC) at the Adonkia Police Station Goderich in Freetown, alleging that he had built on their land.
Upon the report, he said the LUC visited the crime the land and conveyed zinc, certain bags of cement, zinc nail to the Adonkia Police Station.
PW1 said later on the LUC whose name was not mentioned, called upon him at the aforesaid police station requesting for a document to substantial that the land is belonged to him, which he did.
“My Lord I took my documents the LUC at the abovementioned police station when he pursued it, he told me that I have no case to answer,” he told bench.
On Monday 27th June 2022, he added the defendants reported him to Criminal Investigation Department (CID) headquarters where he was eventually detained for five days.
The witness disclosed that while the defendants were demolishing his makeshift structure, his caretaker took photography of them.
“My Lord I visited the crime scene and discovered that crime the first defendant, Bernard Tawarally is erecting fence on the said land,” Mr Jalloh narrated to the court.
He tendered a power of Antony or conveyance for identification to show that he is in charge of the said.
During cross examination by defence counsel, J.K. Lansana asked the witness that on the day of the alleged incident was not at the crime scene, which he answered in the affirmative.
Lawyer Lansana suggested to him that before incident occurred, the first defendant dragged him court for the said. He responded in the affirmative.
He put it to him that on the day of incident, he didn’t see the first defendant carting away anything from the land.
Responding, he said he didn’t specifically see him, by then he was detention at the CID headquarters.
Lawyer B. Koroma representing the second defendant, Alfred Thompson asked the witness when incident occurred.
Responding, Mr. Jalloh said the incident occurred between 27th and 1st July 2022.
Lawyer Koroma put it again to him that he is not the actual owner of the land, replying he said he agreed with him, but is the caretaker of the land question.
Both counsel applied for bail separately on behalf of their clients by relying on section 79 (2) and (3) of the Criminal Procedure Act of No. 32 of 1965.
Lawyer Koroma assured the bench his client would not jump bail either or he interfered with prosecution witnesses.
Mr. Koroma furthered assured the bench for safe good conduct of his client.
He added that he learner colleague Charles Pujeh, did not file any affidavit in opposite as required by bail regulations.
Having heard the applications from both counsels, Magistrate Ngegba granted hundred thousand bail to both defendants with a surety.
Each surety should show to proof of residence in Freetown including utility bills.
Magistrate Ngeba ordered both defendants to stay off from the land in question, and bail should approved by the Deputy Assistant and Registrar.
The matter was adjourned to the 4th August 2022.
