By Musa Paul Feika
Defense lawyer from the Legal Aid Board (LAB), Sierra Leone, Randy S. Bangura, has asked the prosecution team, at the Ross Road Magistrate Court No.1, headed by Assistant Superintendent of Police ASP, Osman Mahmoud Bangura, to provide a strict and firm proof in the ongoing robbery matter involving one Yayah Kamara and two others, who are charged with the offence of robbery with violence, an offence which is punishable by law.
The incident occurred on the 2nd September, 2020 at PWD, Ferry Junction in Freetown.
Lawyer Bangura made the request during the cross examination of the police prosecution witness, Sergeant 102575 Osman Kamara, an Exhibit Clerk attached to the Regional Ross Road Police Division in Freetown. This happened before Magistrate Alhaji Suliaman Koroma, on Monday 23rd November, 2020.
As Lawyer Bangura continued cross examination of the witness, he asked the witness whether he wrote down the denomination of the two million seven hundred and ninety thousand Leones (Le 2,790,000) which he tendered before the Honourable court as exhibit. In reply, the witness answered no.
It was against this backdrop that the defence counsel put it to the witness that since he failed to take the serial number of the exhibit, the said exhibit have nothing absolutely to do with the accused. This was the bone of contention between the police prosecution team and the defense counsel, Randy S. Bangura.
In continuation of his testimony, Mr. Kamara highlighted his duties and responsibilities, which are receiving all exhibits in relation to matters that have been investigated, and tendering them in court when they are needed.
The witness said he recognized the accused and could recall 2nd September, 2020. Mr. Kamara added that, on that fateful day, he was on duty at the Ross Road Police Division in Freetown, when Detective Police Constable 14251 Sesay O., attached to the Anti-Robbery Unit, at the Ross Road Police Division in Freetown, handed over to him two million seven hundred and ninety thousand Leones (Le2,790,000) as exhibit in respect of the aforementioned subject matter.
He detailed the court that he registered it in a court Exhibit Book, against 29/2020 and it was produced and tendered to form part of the court`s records.
During cross examination by Lawyer Bangura, he asked the witness whether the investigating officer told him the source of the exhibit he received from him. In reply, Mr. Kamara said the investigating officer told him that the exhibit was in respect of robbery with violence.
Mr. Bangura also renewed his application for and on behalf of the accused. He relied on Section 79 (2) and (3) of the Criminal Procedure Act (CPA), No. 32 of 1965. His application was granted and the accused were placed on bail, but bail conditions were not stated openly by the sitting magistrate.
The defense counsel concluded by admonishing the complainant, Foday Mansaray, to stop putting huge amounts of money while boarding a motorbike.
According to the police charge sheet, Yayah Kamara and two others, on the 2nd September, 2020 at PWD Ferry Junction, in Freetown, robbed the complainant one hundred million Leones (Le100,000,000).
The matter was adjourned to 30th November, 2020.