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Friday, September 20, 2024

Morta Development Manager In Double Jeopardy

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By Musa Paul Feika

Magistrate Sellu Tucker, who presides over the Industrial High Court of Social Justice No.2, at the main Law Court Building, Siaka Stevens Street in Freetown, has instructed Inspector Tejan Bangura to arrest and bring Safea T. Bonga to court against the next adjourned date. This was as a result of an application made by the complainant’s counsel, U.F.D. Sesay, for a bench warrant to be in force against the defendant, which application was granted. The Manager also sent his secretary, Mr. Aruna, to deceptively represent him in court.

The defendant is arraigned before the court for allegedly failing to pay national contributions for his workers within the required period. Mr. Sofea is the Manager of Morta Development Company, which is located at No. 54 Lightfoot Boston Street in Freetown.

The defendant was supposed to make his first appearance before Magistrate Tucker on Saturday 19th June 2021, but was absent in court. In fact, he deceived the court by sending his secretary to represent him, which Madam Tucker described as a deception on the part of the Manager.

When the matter was mentioned by the Court Clerk, Madam Sylvia, the Secretary pretended as if he was the Manager of the said company.

This enraged Madam Tucker who levied two hundred and fifty thousand Leones (Le250, 000) fine against him or alternatively face two weeks’ imprisonment at the Male Correctional Centre, Padamba Road in Freetown. She further instructed that the sum should be paid to the Judiciary’s sub-Treasury.

Mr. Aruna pleaded with the bench, saying that was his first appearance in court.

“I am pleading with you, my Lady. I have never been to court and I do not know court proceedings. Please have mercy on me. Currently I do not have money on me,” he pleaded.

In response, Madam Tucker said she was going to lock him up because he deceived the court by pretending that he was the manager of the company.

“You should have told the court that you are representing the defendant. But you never did. As a result I am going to detain you or you pay two hundred and fifty thousand Leones (Le250,000) as a fine, so same can never be repeated,” Magistrate Tucker said.

According to the complainant’s counsel, the amount the defendant owed the Trust is Le9,496,577.26, which is inclusive of arrears and delayed payment.

The defendant was arraigned before the court on one count of failing to pay national social contributions, which is contrary to Section 32 (1) (C) of the National Social Security and Insurance Trust (NASSIT) Act No. 5 of 2001.

The charge sheet adduces that Sofea T. Bonga, on diverse dates between May 2014 and January 2021, failed to pay national social contribution for his workers within the stipulated time.

The matter was adjourned to 26th June, 2021.

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