By Musa Paul Feika
The trial of Isatta Saccoh, the wife of the former Minister of Defence is being delayed by counsels for the state leaving the accused in constant wonders about her fate.
Magistrate Hannah Bonnie is presiding over the matter.
Yesterday’s proceedings marked the consecutive third absence of the state prosecutor in the trial.
No reason was offered by the state counsel regarding his prolonged absence from the trial.
The accused has been availing herself in the court but has never been discharged by the presiding magistrate as a result of the absence of the prosecutor.
The non-discharge of the accused person runs contrary to section 94 of the Criminal Procedure Act of 1965 which says:
“When the accused or defendant comes before the court on summons or warrant or otherwise, then if the prosecutor, having had notice of the time and place appointed for the hearing or adjourned hearing of the charge, does not appear, the court shall dismiss the charge…”
The appalling situation compelled the accused person’s counsel, George Conteh to make application for the discharge of the matter against madam Saccoh.
“The state Prosecutor has failed to make progress, and has not been treating the matter with utmost seriousness,” Counsel Conteh submitted.
Replying the defence counsel, Magistrate Bonnie agreed with the prosecutor that yesterday marked third non-appearance of the prosecutor, and that the two adjournments were granted at the instance of the prosecution.
The magistrate however assured Counsel Conteh that on the next hearing, she would consider the application.
Isatta Saccoh was arrested over a month ago on allegation of inciting the attempted Jail break of April, 29 which saw the killings over a dozen prisoners.
The thrust of the allegation was that Madam Saccoh had wanted to facilitate the escape of her husband, Alfred Paolo Conteh who is answering treason charge at the High Court of Sierra Leone.
Madam Saccoh was held in police custody for over two weeks without charge, an act that runs contrary to section 17 of the Constitution of Sierra Leone, 1991.
The crimes for which she arraigned were bailable but remanded behind bars for a considerable period.
She made several appearances before she was granted bail by the court.
The matter adjourned to June, 20.