By Janet A. Sesay
The three Appeals Court Judges including Justice John Bosco Alieu, Justice Alhaji Momoh Jah Stevens and Justice Tonia Barnett have issued a second Bench Warrant for Mohamed Kamaraimba Mansaray and his Surety, Isha Mansaray, in lieu of their continued absence from legal proceedings before them.
The Bench Warrant was issued during the second appeal hearing on Thursday, 27th February 2025 at the High Court No.12 in Freetown.
During the hearing, Defence Counsels, Musa Pious Sesay and F.S. Koroma, representing the Appellant, Mohamed Kamaraimba Mansaray informed the court that their client is out of the court’s jurisdiction on medical treatment.
Justice Allieu, the Lead Judge responded that Kamaraimba has failed to appear in court on the previous hearing, which resulted in them issuing a Bench Warrant for him and his Surety. He said the court demanded an explanation from the Surety regarding Kamaraimba’s whereabouts, emphasizing that under criminal law, the Surety is also accountable and must be present in court. He noted that if the Surety fails to appear in court the case might be dismissed.
The Lead Prosecutor, Yusuf Isaac Sesay invoked Rule 53, Sub-rules 5 and 6, reinforcing the legal obligation on the Appellant to be present at all appeal hearings. He posited that, in spite of the absence of Kamaraimba, the court has the authority to proceed summarily by dismissing the appeal and enforcing the Bench Warrant.
Lawyer Sesay maintained that the Surety, Isha Mansaray, of No. 7 Tucker Drive, in Freetown, is under obligation to be in court to explain about the Appellant, but that unfortunately, she is also absent in court.
On that note, Justice Momoh Jah Stevens urged the Defence Team to ensure the Surety presence in court. He stressed that the judiciary requires proper records for legal proceedings and due to the absence of the Appellant and the Surety, he ordered the issuance of a second Bench Warrant against both the Appellant and the Surety, and the matter was adjourned to March 6, 2025 for further hearing.