By Musa Paul Feika
One Brima Kargbo is standing trial at the Ross Road Magistrate Court No.1, which is presided over by Magistrate Alhaji Suliaman Koroma, for the offences of malicious damage, trespass and other related offences, which are all contrary to law.
When the charge was read to the accused, he denied the allegation. It is against this backdrop that the defense counsel, K. Kanu, representing the accused, raised preliminary objection on the following grounds: he said the offences his client was standing trial are summary offences, adding that his client has documents or title deed for the land in question.
Lawyer Kanu made reference to the High Court Division 2019, as provided in Section 5 paragraph F, which makes it abundantly clear as to when and where such matters are to be heard. Mr. Kanu made further reference to Cap 37 of the Summary Offences Act, which states that, when such an action is committed, it has to be brought to court within six months period.
“But the complainant, Chief Alhaji Kamara, failed to do so,” he told the court.
He said the action allegedly occurred in 2013, which is clearly almost over six months now before being brought to court.
The presiding Magistrate did not rule but rather urged the defense counsel to furnish the court with the necessary sections against the next hearing.
According to the indictment, it is adduced that Brima Kargbo, on Monday 26th November 2016, at Lower Allen Town, unlawfully entered into the land of one Chief Alhaji Kamara and maliciously damaged certain valuable properties on the land, which are valued at four million, five hundred thousand leones (Le4, 500), the said properties of the complainant.
The defense counsel applied for bail on behalf of his client, which the presiding Magistrate granted. The accused was granted ten million leones (Le 10,000,000) bail with two sureties in like sum, adding that the bail conditions must be approved by the Master and Registrar.
The matter was adjourned to 30th June, 2020.