By Musa Paul Feika
Defence counsel, Komba Kanu, representing eight defendants, have applied for a stay of proceeding in an ongoing summons matter at the Ross Road Magistrate Court No.3, which is presided over by Magistrate Hadiru Daboh, involving eight defendants, Mohamed Gassama, Sheik Tawarally and six others.
Lawyer Kanu made this application pursuant to Order 8 of the Magistrate Court Civil Procedure Rules of 1966, which states that where the Magistrate Court Civil Procedure Rules do not make any provision, made by an enacted entity, the law should make reference to the High Court Rule.
He further submitted that the affidavit contained 12 paragraphs and there were two exhibits, FG and MG, which are photocopies of a notice of the Appeal Court of Sierra Leone, dated 29th June, 2015.
According to him, he relied on the entirety of the affidavit, particularly paragraphs 6,7,8,9 and 10.
In addendum, he made mention of Order 20, which says that, in a situation where a defendant applies for a release under this order, the magistrate court has all the powers to stay-of proceedings. He rounded up his submission stating that the Civil Magistrate Court Procedure Order does not make reference to a specific order.
In response, the presiding magistrate advised Lawyer Kanu to suspend the application and allow the witness to testify for him to conduct his cross examination. However, Mr. Daboh referred Lawyer Kanu to go to the High Court and furnish him with the necessary provisions.
The defendants are still on bail. At this juncture, both the defence counsels, Lawyer Kanu and Randy S. Bangura, from the Legal Aid Board (LAB), Sierra Leone, unanimously agreed on a date. The matter was adjourned to 5th March, 2021.