By Musa Paul Feika
The defense counsel, Madieu Sesay, who is representing five accused standing trial at the Ross Road Magistrate Court No. 1, which is presided over by Magistrate Alhaji Suliaman Koroma, has made an application for the discharge of a matter since the prosecution has failed to proceed with the matter.
Mr. Sesay furthered his application stating that two adjournments have been taken in the instance, adding that the prosecution ought to have taken the needed steps for speedy trial. He made this application pursuant to Section 94 of the Criminal Procedure Act No. 32 of 1965 and 2018 Bail Regulation Act, which made it abundantly clear that if a prosecution does not process with any matter, that matter should be discharged.
He added that his clients were granted bail at the police station and were only called upon two weeks ago and charged to court.
The police prosecution, Assistant Superintendent of Police ASP, Osman Mahamoud, in his response, said Bangura objected to the defense`s application, stating that the offence for which the accused are standing trial was a capital offence, which is murder. He further sought for an adjournment in order for him to contact his witnesses as against the next adjourned date. His application was granted.
According to the police file sheet, Abdul Rahaman Swanneh, Solo Conteh, Alie Kamara, Mohamed Dumbuya and two others, on Friday 28th May 2020 at Choithram Factory PMB, Calaba Town in Freetown, murdered Moses Cullia.
The accused were refused bail and remanded at the Male Correctional Centre, Pademba Road in Freetown. The matter was adjourned to 12th August, 2020.