By Janet A Sesay
Magistrate Santigie Bangura of Pademba Road Court No 2 has on Thursday 28th November 2024 made an order for the former Deputy Minister of Finance 2, Patricia Laverley to be in court on the next adjourned dates or else he will issue a Bench Warrant for her arrest and presentation in court.
This threat came about after State Counsel Yusuf Isaac Sesay made an application for her to be in court after she had absented herself from court on an alleged pretext that she is seriously sick and admitted in the Intensive Care Unit at the Choithram Hospital.
Madam Laverley is before the court on two counts charges of inflicting grievous bodily harm contrary to Section 20 of the Offences against the Persons Act 1861 and assault occasioning actual bodily harm.
The indictment states that Madam Laverley on 12th November, 2024 at State house in Freetown assaulted Nabeela Farida Tunis with intent to inflict grievous bodily harm on her.
The police further alleged that Madam Laverley on the same date and place assaulted Madam Nabeela Farida Tunis in a manner thereby occasioning her actual bodily harm.
Shortly after the matter was mentioned, the State Counsel intimated the court that one of the sureties is absent and secondly the defense was to file an affidavit based on the medical report they had served the court and also served them but nothing of such was done.
State counsel Sesay furthered that the prosecution did not receive any call from the defense to give reasons why they were not in court, adding that they are not treating the court with the respect it deserves.
State Counsel Sesay made an application that Madam Laverley be brought to court judging from their conduct so that the court will examine her condition, being that the court has the power to do so.
He explained that the accused is under oxygen and not under operations and therefore she can be move to court.
He added that the complainant is a Minister and she leaves her office and be in court on every date seeking for justice, noting that justice must not only be done but must be seen to be done.
The Lead Defense Counsel Jenkins Johnson after short stand down of the matter reply that the application made by the state counsel Sesay for the accused to be brought before the court is inhumane and unreasonable.
The accused he said is still at the intensive care unit at Choithram hospital and need urgent medical attention outside the country.
Lawyer Johnson also presented to the court the affidavit supporting the medical report they brought before the court but said that he have not yet complete it but if given time will complete it so that he will serve the court and the prosecution team.
Lawyer Jenkins Johnson further that Madam Laverley is not before the court for murder not treason, adding that the application made by the prosecutor is unreasonable and inhumane in the light that somebody who is in ICU to be prosecuted, adding that it seems like the prosecution want the accused to die in court.
He said section 23 (1) of the 1991 constitution makes it clear that any one charge with criminal offense much have time if fallen sick, adding that he did not see any justification by the prosecutor asking the former Minister to be in court.
He further that the application is not justifying and the state is seeking not to prosecute but to persecute.
In the circumstance urged the Magistrate to discountenance the application made by the state counsel for the accused to be brought to court given her present health condition.
Magistrate Bangura having listened to both sides ruled that though he cannot allowed an accused to be persecuted but said he cannot also act blindly without supporting documents from the defense in the name of medical report.
He further that he cannot understand the document tender by the defense and he needs many facts about the medical report that is why he asked the defense to filed an affidavit in respect of the medical report.
He however at first made an order for the accused to be brought to court within two hours for him to examine and ascertain her condition.
After this ruling, the lead defense counsel Jenkins Johnson applied for a variation of the order, pleading further that the court moved to the Choithram hospital in order to verify whether what he was saying that the accused is at the intensive care unit is true or not.
State counsel Yusuf Isaac Sesay in reply said the court has ruled and the ruling of the court is premises on authority, adding that this case is not an exception.
He further added that defense counsel has not provided any sufficient reason as to why the order should be varied.
According to him, orders from court can only be varied if there are obstacles on the way, noting further that all what the defense want is to dictate to the court.
His application he said is of no moment and in that light pleaded with the court not to countenance the variation application made by defense counsel Jenkins Johnson.
Counsel Sesay also drew the attention of the court to one of the sureties who was absent in court which he said it has clearly shows that they are not treating the matter with the serious it deserves.
Magistrate Bangura however granted the application made by defense counsel for a variation and order that the accused be brought to court on Monday 2nd December 2024 if not a bench warrant will be issued against her.