By Janet A. Sesay
Detective Police Constable 9268 Joseph Collins has, on Wednesday 14th July 2021, testified before Magistrate Sahr Kekura of the Pademba Road Court No.1 in the ongoing alleged importation of arms and ammunitions into the country by Hon. Emmanuel Saidu Conteh and three others.
The witness, led in evidence by State Counsel, Joseph Sesay, said he is attached to the Major Incident Unit at CID Headquarters in Freetown and recognized all the accused in the dock.
He further recalled Sunday, 4th July 2021. He said, on that day, he was on duty when the said case of arms and ammunitions, together with the accused, was brought to the station. The matter was assigned to him together with six other police investigators for further investigation.
He said seven unassembled pistols, twelve empty magazines and 100 live rounds of ammunition were brought to the office as exhibits, adding that the team made a request to relevant authorities for expert opinion, bringing in the ballistic expert and cyber units.
“The cyber unit also submitted their report based on the examination of the mobile phones retrieved from all the accused,” he told the court.
The witness furthered that the team revisited the scene of crime at Queen Elizabeth 11 Quay in Cline Town for further investigation. During that visit, statements were obtained from relevant witnesses, inclusive of the policy statement by the head of the scanning facility at the quay, where the alleged arms and ammunitions were discovered.
He said, to enhance the investigation further, they went to the Commissioner of the Sierra Leone National Commission for Small Arms on the processes and procedures involved in the acquisition of small arms in Sierra Leone.
“The exhibit mentioned has been duly registered and retained in custody at the Exhibit Clerk’s office at CID Headquarters,” Joseph Collins told the bench.
He said himself and Detective Inspector May Kanneh contemporaneously interviewed the first accused (Nabie Unisa Raymond Bangura) in respect of the allegation by observing the Judges’ rules.
The statement of the first accused was tendered and marked as Exhibit A1-16.
According to the witness, the team was led to the site for physical examination of the scanning process, adding that the team was shown a gray colour Nissan Pathfinder 2008 model on which the arms and ammunition were allegedly found.
DPC Collins said his investigation revealed that the Pathfinder was purchased by first accused in April this year, which is contrary to his assertion that it was bought in May this year. He furthered the first accused admitted ownership of the said vehicle.
He said, based on the bill of laden, the vehicle in question was delivered to a shipping company by the name of United Investment Group owned by a Sierra Leonean based in Maryland in the USA, adding that the said pathfinder was one among four vehicles shipped into Sierra Leone in a container by the above shipping company.
He furthered that, on the bill of laden, the consignee of the container is one Rahim, but the ultimate recipient of the vehicle in question is allegedly Hon. Emmanuel Saidu Conteh.
He revealed that the second accused, Hon. Emmanuel Saidu Conteh, who was arrested on Friday 2nd July 2021, and the vehicle are in police custody.
The witness further recalled 7th July, 2021, where himself, together with Detective Inspector May Kanneh obtained additional voluntary caution statements from the third accused, Michael Alpha Fornah.
At this stage the prosecutor, Joseph Sesay, requested an adjournment so that the witness could identify the arms and ammunitions, including the 100 live rounds of magazines in court.
Lawyer J.M. Jengo, who is representing the first accused, objected to the application of an adjournment by the prosecution, on the basis that they want to waste the court’s time. He further urged the prosecutor to finish with the witness so that they can cross examine them. He renewed his application for bail on behalf of his client.
Lead defense counsel, Lansana Dumbuya, also renewed his application for bail on behalf of the second accused, Honorable Emmanuel Saidu Conteh.
Lawyer M.M. Bittal also renewed his application for bail on behalf of the third and fourth accused, Michael Alpha Forna and Sheriff Jalloh, respectively.
In reply, to the bail application, the state prosecutor referred the Magistrate to Section 99 (1) in conjunction with a provision in section 113 (1) of the Criminal Procedure Act No.32 of 1965 and also paragraph 203 of Archibald 36 edition.
He said bail is the discretion of the bench, but there are circumstances the Magistrate should take into consideration when arriving at granting bail. One of such considerations is to consider the serious nature of the offences charged.
He said the court should also be concerned about the severity of the punishment if found guilty.
Magistrate Sahr Kekura however refused bail and remanded all the accused in custody, while the matter was adjourned to Monday 19th July 2021 for further hearing.
The accused are before the court on three counts, ranging from conspiracy to commit a felony, illegal importation of arms and ammunitions and unlawful possession of arms and ammunitions, which are all contrary to law.
According to the charge sheet, the accused, on diverse dates between Thursday 22nd April and Friday 2nd July, 2021 at Queen Elizabeth 11 Quay, Cline Town in Freetown, were found in possession of four weapons, to wit JA instruction, 4 Aversr NV USA with serial numbers 56025, 455952, 456062 and 456027, all 9x19mm calibre pistols, two empty magazines, one black SAR 9 SIL MAZ 9X1MM calibre cartridges without valid license.
They also allegedly conspired together to commit a felony, to wit illegal importation of arms and ammunitions.
Outside the court, people were weeping for the accused, while some people from the All People’s Congress were singing their victory song.