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Tuesday, November 5, 2024

Accused Denies Statement

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By Musa Paul Feika

The accused, Ibrahim Mansaray, who is standing trial at the Ross Road Magistrate Court No.3, which is presided over by Magistrate Hadiru Daboh, has denied an additional voluntary caution statement tendered by the investigation officer, Detective Police Constable 11213 Mohamed Kandeh.

When Mr. Kandeh was tendering the statement, to form part of the court’s evidence, it was shown to both accused, but the 1st accused, Ibrahim Mansaray, denied the statement, stating that he never signed it.

He furthered that Mr. Kandeh was not at the police station when a statement was obtained from him. “It was another police officer whose name I could not recall,” he said to the bench.

The 1st accused told the court that Mr. Kandeh was the one who took him to hospital for treatment. At this point, “Please do not waste the court’s time. I will tender the statement,” Magistrate Daboh told the prosecutor.

The police prosecution witness, Detective Police Constable 11213, Mohamed Kandeh, attached to the Criminal Investigation Department at the Ross Road Police Division in Freetown, said he could recall 22nd February, 2021, was testifying in respect of a matter regarding office breaking and larceny.

The witness said, on the 4th December, 2020, he charged the 1st accused with the offence of office breaking and larceny.

The witness said, during the course of the investigation, the 1st accused, Ibrahim Mansaray, led him to the 2nd accused, Ishmael Mansaray, adding that on the same date, the 2nd accused was arrested and handed over to him a damaged computer laptop.

Mr. Kandeh told the court that he obtained a voluntary caution statement from the 2nd accused, noting that, at the end of the statement, the 2nd accused admitted it to be true and correct by affixing his right hand thumbprint, which was witnessed by Detective Sergeant 10454 Sesay F.  It was also tendered and marked as exhibit G1-4.

On the 4th November 2020, the witness said he charged the accused with the offence of receiving stolen good, an offence which is contrary to the laws of Sierra Leone.

During cross examination by the defence counsel, Michaela Patricia George, who was also defending the 2nd accused, she asked the witness whether his client told how he got the computer laptop from the 1st accused. In reply, he said the 2nd accused said he bought the computer from the 1st accused at a cost of three hundred thousand Leones (Le300,000).

Madam George further asked Mr. Kandeh about the status of the computer, which was handed over to him by the 2nd accused. He said it was damaged.

She finally put it to the witness that, when her client was invited to the Ross Road Police Division, he honoured the invitation and handed over to him the computer. Mr. Kandeh answered yes.

The police Exhibit Clerk, Detective Sergeant 10275 Buya Abu Kamara, attached to the Exhibit Office at the Ross Road Police Division, took the witness box.  In his evidence before the court, he highlighted his duties and responsibilities, which include receiving all exhibits and keeping them under safety, and will tender them in court when they are needed.

Mr. Kamara told the bench that he could recall the day in question, adding that he was on duty at the aforesaid unit, at the Ross Road Police Division, when Detective Police Constable 11213 Mohamed Kandeh handed over to him a Dell computer laptop and Toshiba computer laptop as exhibits. He recounted that he registered them in a Court Exhibit Book against serial number 116/2020.

Mr. Kamara said since then they have been in police custody and were tendered to form part of the court`s records.

The accused are arraigned before the court on two counts of office breaking, larceny and receiving stolen goods, which are all contrary to the laws of Sierra Leone.

The police say Ibrahim Mansaray, on the 16th November 2020, at No. 18 Race Course Road Cline Town, in Freetown, broke and entered into the office of Freetown Cheshire Home and stole therein certain computer laptops worth millions of Leones.

The charge sheet adduces that, on the same date and address, Ishmael Mansaray received stolen goods from the 1st accused, which properties belong to the Freetown Cheshire Home.

The 2nd accused is on bail and the 1st accused was remanded at the Male Correctional Centre, Pademba Road in Freetown. The matter was adjourned to 24th March, 2021.

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