By Musa Paul Feika
Detective Sergeant 1037 Sahr Sellieu, attached to the Anti-Robbery Unit, at the Ross Road Police Division in Freetown, during cross examination by the defense counsel, Madieu Sesay, he told the court that he could not read the medical paper he used to charge five accused, who are standing trial at the Ross Road Magistrate Court No. 1, which is presided over by Magistrate Alhaji Suliaman Koroma, for the offences of conspiracy to commit a felony, robbery with aggravation, wounding with intent and other related offences.
The five men are alleged to have robbed the complainant, Abdul Gbassay Sesay, certain valuable properties worth millions of leones.
Lawyer Sesay furthered his cross examination stating that his clients told him that they were not at the crime scene when the alleged incident took place, the witness responded in affirmative.
He also told the investigating officer that he failed to investigate that piece of evidence, which he described as an alibi. Mr. Sellieu also replied in the affirmative. It was against this backdrop that Lawyer Sesay put it to Mr. Sellieu that his investigation was incomplete.
The witness continued his testimony informing that he recognized the accused as well as the complainant, Abdul Gbassay Sesay, and could recall the day in question.
According to him, on that fateful day, he was on duty at the Anti-Robbery Unit at the Ross Road Police Division in Freetown when a case and enquiring file from the Kissy Police Division in Freetown arrived at the Anti-Robbery Unit for further investigation.
He said the matter was assigned to him, adding that the case and enquiring file contained a police medical report, which was tendered in court as exhibit.
Mr. Sellieu detailed the court that, on the 2nd July 2020, himself and Detective Police Constable, 14078 Bangura A, obtained voluntary caution statements from the accused separately, adding that, at the end of their statements, they admitted them to be true and correct by affixing their thumbprints, which was witnessed by Detective Police Constable 14078 Bangura A.
The witness concluded his evidence stating that, on 4th July, 2020, he charged the accused with the offences of conspiracy to commit a felony, robbery with aggravation, wounding with intent and other related charges, which are all contrary to the laws of Sierra Leone.
The police charge sheet indicates that the accused, namely Pujeh Songa, Daniel Momoh, Abubakarr Bangura, Junior and Alie Kamara, on the 4th July 2020 in Freetown robbed and wounded the complainant, Abdul Gbassay Sesay, in manner thereby causing him grievous bodily harm.
The defense counsel, Madieu Sesay, representing the accused, renewed his application by relying on Section 79 (2) and (3) of the Criminal Procedure Act No. 32 of 1965 and 2018 Bail Regulation Act, which states that the prosecutor objected to bail without any affidavits.
He furthered his application by drawing the attention of the Bench to the inconsistency of the testimony before the court, and also the alibi, which, he said, the police witness failed to investigate.
Lawyer Sesay said there was no portion in the medical report that has to do with wounding with intent, but the police went ahead to charge the accused for wounding with intent.
Mr. Sesay further based his application on Section 23 of the 1991 Constitution, which made it abundantly clear that the accused are to be presumed innocent until they are proven otherwise.
The police prosecutor, Inspector P.M.G. Daramy, objected to bail considering the seriousness of the offences.
In response, the presiding magistrate granted two hundred million leones (Le 200,000,000) bail with one surety in like sum, adding that the bail should be approved by the Master and Registrar. The matter was adjourned to 28th August, 2020.