By Janet A. Sesay
Babar Koroma, Foday Turay, Bashiru Kemoh Bangura, Jusu Koroma and Mustapha Jabbie on Tuesday, 26 November, 2024 made their first appearance before Magistrate Santigie Bangura of Pademba Road Court No.2 for allegedly defrauding Pee Cee and Sons company over Seven Thousand New Leones.
The accused were arraigned before the court on two count charges ranging from embezzlement contrary to Section 17(1) (b) of the Larceny Act of 1916 and misprision of felony contrary to law, receiving and accessory after the fact to commit a felony.
The indictment states that the First Accused, Barbar Koroma, on Tuesday, 29 October, 2024 at Goderich in Freetown, fraudulently embezzled the sum of Seven Hundred and Twenty Two Thousand New Leones received by him on behalf of Pee Cee and Sons Company.
The indictment furthered that Foday Turay, Bashiru Kemoh Bangura, Jusu Koroma and Mustapha Jabbie on the same date and place, well knew that Barbar Koroma had stolen the said amount from Pee Cee and Sons Company received the said money and comforted, maintained, assisted and harbored him knowing that the money has been stolen.
The indictment also states that Foday Turay, Bashiru Kemoh Bangura, Jusu Koroma and Mustapha Jabbie on the same date also conspired and maintained the said money being property of Pee Cee and Sons Company.
After the charges were read and explained to the accused persons, no plea was taken.
Led in evidence by the Prosecutor, Assistant Chief Superintendent of Police, Juan Bull, the witness Chirad Garani said he is a Marketer for Pee Cee and Sons Company. He recognized the First and Second Accused persons, Barbar Koroma and Foday Turay as employees of the company.
He recalled on 29th October, 2024, explaining that on the said day, he left his office around 10:30am to visit some customers using one of the company’s vehicles driven by the First Accused, Barbar Koroma.
He furthered that they were heading to Wilkinson Road and on arrival he collected One Hundred and Twenty Thousand New Leones and it was confirmed by him and Shebura Samura and Deen Jalloh the cashiers.
He said the money was place inside a cartoon and placed in the back of the vehicle. He said they went to the second customer at the back of Collegiate School where he collected Eighty Thousand New Leones which together with the two cashiers, was completely sealed.
The first accused, he explained, was sitting in the vehicle at the driver’s seat and they went to the third customer at Funkia market. He said that on arrival the vehicle was parked at the junction and the first accused was asked to watch the two cartoons while they went to the customer.
The witness furthered that they received the sum of Five Hundred and Twenty-Two Thousand New Leones and that they undertook the same procedure of securing the money in a cartoon. He submitted that in total, they handed to the First Accused for his safe keeping a total of four cartoons.
He said they went back to the market to collect money from other customers and came again to the vehicle but did not meet the vehicle where it was packed.
He said he called the first accused on his phone but was switch off and they searched for him and later saw the vehicle parked in a drive and when they searched the vehicle, they did not see all the four cartons which contained the monies, and that he also didn’t see the First Accused.
He said he asked the people around who told him that they saw the first accused came with two bikes riders and they collected the cartons.
He said after that he called his superiors and they instructed him to make a report at the Lumley police station which he did. He produced and tendered the receipts of all the monies collected before the court.
Defense Counsel A.K. Kamara made an application for the witness’s statements to be made available to him pursuant to Section 85(1) of the Criminal Procedures Act of 2024.
Prosecutor Bull in her reply said the accused did not take their case, adding that it is a preliminary trial, adding that they have never tried somebody by ambush as they are not in a trial but a preliminary hearing.
The Defense argued that to help the court for sufficient sound for committal, they only saw the charges but not the statements of the witnesses to avoid trial by ambush.
Magistrate Santigie Bangura ruled that when the matter is sent to the High Court, they will have the power to request for the witness statements. He therefore dismissed the applicant’s request.
The Defense sought for an adjournment to cross-examine the witness. The accused were however remanded in custody until 28 November 2024 for cross-examination.