By Janet A. Sesay
Trial of 12 accused persons including Amadu Koita Makolo for treason and other offences has been slated for next month. A high Court in Freetown says the trial will resume 1st February, 2024.
The date was announced by Justice Komba Kamanda following an application by state counsels to fix a date for the hearing. Eighth accused, Bai Mamoud Bangura who was on a sick bed has been denied bail.
Bangura, APC (All People’s Congress)’s Organising Secretary and former Youth Affairs Minister, has never appeared before the court since his indictment as medics said he was unfit to stand trial.
But, a stern order brought him to court yesterday and is represented by six lawyers.
An arrest warrant was endorsed to be executed on the former Minister by Detective Inspector Abu Bakarr Kargbo.
During proceedings, one of the state counsels made an application for the eight accused Bai Mamoud Bangura to be identified which was done. Led by the prosecution, Inspector Kargbo said he was unable to effect on Bangura because of his ill health.
The warrant was however tendered in evidence after identification. Bail application for the eight accused was made by the defence.
Counsel Africanus Sesay informs the court that Bangura is a Sierra Leonean and has served the nation to the level of a Minister. He said what was before the court was mere allegation and the constitution recognised and respected the accused’s right to health.
“My client has been hospitalised since December, 2023 and was brought to court on a wheel chair,” he submitted.
Counsel Sesay went on to state that a medical doctor had explained the accused’s health condition in court and must therefore be granted bail.
He made his application pursuant to section 79(1) of the Criminal Procedure Act, 1965 and other relevant laws on bail. The defence counsel also argued that it would be risky for the justice system to allow such accused to stand trial under such circumstances. He further that he visited his client at the male correctional facility and his health condition was bad.
He therefore requested the court that his client be admitted to bail to have proper medical care.
In response, the prosecution evoked rule 11of the public notice Act of 1961 saying it should be dealt with under the purview of the judge. He said the issue raised by defence counsel boardered around the health status of the accused and that has been dealt with by the court.
A court order, he went on, that the accused be transferred to the male correctional facility for proper treatment had been enforced and that if the accused had a medical doctor to treat him apart from the ones at the correctional facility he would be given access.
He requested the court to refuse bail for the eight accused. In his reply, counsel Africanus Sesay said the prosecutor raised free issues while objecting to the bail application for the eighth accuse.
He made reference to the court order requiring Bangura to be taken to the prison facility was made for the court to have jurisdiction over him and that his health situation improves should not be the subject for argument.
Having heard from the two sides, Justice Komba Kamanda told the court that he had listened to the defence’s bail application, read through the medical report and took into consideration the seriousness of the allegations against the accused.
Bail was however refused but ordered that the accused be accorded appropriate medical service while in custody. Other accused persons must also be in custody.
Hearing will commence on 1st February, 2024.
