As Ali Abess continues to seek justice against her employee, Randa Skeiky in a five hundred thousand dollars (USD 500,000) theft case, Lawyer for the Defendant, Pa Momoh Fofanah has been ambushed by lawyers for the complainant Tejan Cole, IS Yillah and Bangura & Co before Magistrate Hannah Bonnie of the Magistrate Court in Freetown.
Alie Abess had earlier in September,2018 reported a theft matter to the CID to the tune of five hundred thousand United States Dollars (USD 500,000) against her employee ,Randa Skeiky.
Randa Skeiky had deliberately left the jurisdiction having realized that the complainant had lodged such a report against her with the view to escape justice.
She was later brought to the jurisdiction after four (4) months through the services of the International Police Organisation (INTERPOL) to answer to the charges against her.
The high profile matter had received a very sharp and intense reportage by many local tabloids in the country.
Alie Abess through his lawyers had done a timely and perfect job to provide sufficient evidences to link the defendant to the allegations against her for subsequent trail.
It took the Police five months to complete their investigation into the matter culminating into the submission of the Police case file to the Director of Public Prosecutions for legal advice.
Since then the matter had remained with the DPP with no actions to either charge Randa Skeiky nor discharge her as the case may be.
In june,2019 the Complainant, Alie Abess alongside his lawyers very much determined to seek justice filed a fresh private criminal summon at the Freetown Magistrate Court against Randa Skeiky on two counts:namely Larceny Servant and Larceny dwelling House before Presiding Magistrate Hannah Bonnie.
Defense lawyer Pa Momoh Fofanah prayed that the learned Presiding Magistrate set aside the matter before her.
This according to him was against the backdrop that the charges levied against her client were wrong.
He has premised his application on the fact that the address at No 30 Bintumani Drive, Aberdeen Freetown was not described in the particulars of offence in Count one as a dwelling house.
This for him was wrong since a Dwelling House is a key requirement for the offence in count one “Larceny to Dwelling House contrary to Section 17(1) (a) and also of the Larceny Act 1916”.
The defense had also furthered argued that in count 2 ‘’Larceny by Servant,” the particulars of the offence did not describe the defendant (Randa Skieky) as a servant or person in employment of the complainant.
This according to him was also a principal requirement in section 17 (1) (a) of the Larceny Act of 1916.
Lawyer Pa Momoh Fofanah had maintained during the trail that the complainant in his personal and private capacity had failed to secure prosecution from the Sierra Leone Police and the Office of The Director of Prosecution since he made his report against her client in September 2018.
He requested that magistrate Hannah Bonnie render the case before her faulty largely because the lawyers for the complainant had failed to amend the court charges and their particulars which according to him were faulty.
The learned magistrate after listening to both submissions ruled that the matter should continue and that technicalities should not defeat the course of justice.
Lawyers for Alie Abess after achieving such a landmark ruling went ahead and presented a number of witnesses and evidence to perfectly make a case before Magistrate Hannah Bonnie to link Randa Skeiky to the charges against her.
They had argued that defendant Randa Skeiky was an employee of Alie Abess and was on a number of occasions entrusted with the management of the funds of the company as an employee of the complainant.
They particularly pinpointed that Randa Skeiky on many occasions had to care for the premises and businesses of the complainant whenever he travels out of the country.
These facts as presented by the lawyers for the complainant were on a number of times adduced along the trail by the defendant either during her witness statements or while responding from questions from the other side.
Upon completion of their case Lawyer PA Momoh having fully well known that her client has a case to answer open up a defense to prove Randa’s innocence.
After the closing arguments, Lawyer Pa Momoh Fofanah who had earlier on rigorously defended her client against all the allegations against her had also turned round to submit a No Case Submission to the presiding Magistrate.
His No Case Submission had principally relied on the same issues earlier raised in his initial struck-out application at the start of the hearings before the learned Magistrate.
The presiding Magistrate was clear in her earlier ruling that she would not allow technicalities to defeat the course of justice.
The defense’s lawyer No Case Submission had lost sight of the fact that the defendant witness in her statement to the court had also adduced in evidence that ‘’whenever she came to Freetown she would usually stay at the complainant house at No 30 Cape Road ,Aberdeen,Freetown and that whenever the complainant travels out of Freetown or the country he would usually ask her to come and stay and look after his house and his business until his return,’’
By this statement the charges against the defendant (Randa Skeiky) which are Larceny Dwelling House and Larceny Servant stands.
This has also vindicated the ruling of the learned Magistrate Hannah Bonnie who had maintained that technicalities should not defeat the course of justice.
The matter is set for ruling on the 30th January, 2020.