By: Audrey Raymonda John
Abdul Gbassay Kamara, a 53-year-old fisherman, Mohamed Bangura, a 44-year-old driver, and Ramatu Saidu Kamara, a 35-year-old woman, appeared before Magistrate John Manso Fornah of Pademba Road Court No. 2 on five charges. The charges included Threatening to Burn a House (contrary to Section 50 of the Malicious Damage Act, 1861), Malicious Damage (contrary to Section 51 of the Malicious Damage Act, 1861), Larceny (contrary to Section 20 of the Larceny Act, 1916), and Throwing Missiles (contrary to Section 50 of the Public Order Act No. 46 of 1965).
The particulars of the offence are as follows: Count One: On Friday, January 12, 2024, at No. 5 Queen Elizabeth Road, Kissy Dockyard, in the western area of Freetown, the defendants allegedly *threatened to burn the house of Bangalie Kamara.
Count Two: On the same date and location, the defendants were accused of maliciously damaging a metal door valued at Le 2,500 belonging to Bangalie Kamara.
Count Three: Abdul Gbassay Kamara was accused of stealing a sum of Le 10,000 from Bangalie Kamara.
Count Four: The defendants were charged with throwing missiles at the residence of Yayah Conteh on the same day and location.
Count Five: On the same date and place, the defendants allegedly maliciously damaged several items belonging to Yayah Conteh, including 40 corrugated iron sheets valued at Le 1,500, 8 window panes valued at Le 480, and 150 bags of charcoal valued at Le 13,500, bringing the total value of the damage to Le 15,480.
When the charges were read and explained to the defendants, they pleaded not guilty to Count Two (malicious damage). No plea was taken for Count One (threatening to burn a house) and the other charges.
Deputy Superintendent of Police Sorie Conteh, representing the prosecution, responded to the “no case to answer” submission made by the defense counsel. The defense counsel, A.B.M. Marrah Esq., filed a no case submission on behalf of the third defendant, Ramatu Saidu Kamara.
Magistrate Fornah ruled that due to the indictable nature of Count One (threatening to burn a house), the prosecution was required to present prima facie evidence to justify committing the case to the High Court. After reviewing the evidence presented by the prosecution, including witness testimonies and exhibits, as well as the charge statement made by the third defendant to the police, Magistrate Fornah concluded that the prosecution had failed to meet the required standard of evidence for Count One.
In light of the evidence, Magistrate Fornah upheld the no case submission made by the defense counsel and ruled that Ramatu Saidu Kamara had no case to answer. Consequently, she was discharged.
The cases of the first and second defendants, Abdul Gbassay Kamara and Mohamed Bangura, were committed to the High Court for trial.