By Hassanatu I. Conteh
Two lawyers accused of fraud involving three Toyota 4Runner vehicles valued at US$114,000 have each been granted Le3 billion bail by Magistrate Mustapha Brima Jah of Pademba Road Magistrate Court No. 1 in Freetown.
The accused, 34-year-old barrister Maurice Jenner Mohamed Seisay and 35-year-old barrister, John Mans, are facing two counts of conspiracy to defraud and obtaining property by false pretences, contrary to Section 32(1) of the Larceny Act 1916.
The accused persons were not present in court when the matter came up for hearing.
According to the particulars of the offence, between November 1 and 30, 2023, at Harding Sesay and Partners Law Firm, No. 49 Dundas Street, Freetown, the accused allegedly conspired with other persons unknown, with intent to defraud, to commit a felony.
The second count alleges that during the same period and at the same location, the accused obtained three Toyota 4Runner vehicles belonging to one Bockarie Conteh, valued at US$114,000, on the pretext that payment would be made within 30 working days, knowing the representation to be false.
When the charges were read and explained, no plea was taken as the matter is currently before the court for committal proceedings.
Prosecution Raises Procedural Concerns
State Prosecutor Yusuf Isaac Sesay Esq. told the court that the prosecution had reached a stage where it required the court’s direction on the way forward.
He raised concerns over the defence’s alleged failure to properly comply with the legal requirements concerning notices of witnesses the defence intended to cross-examine.
According to the prosecutor, although the defence had filed a notice indicating its intention to cross-examine prosecution witnesses, the procedure adopted was not in accordance with the law.
He furthered that the prosecution was prepared to provide the necessary documents to the defence but could not compromise due process, adding that because the notice had not been properly dealt with, the prosecution had not prepared its witnesses for cross-examination.
He therefore urged the court to set a date for the committal proceedings, when the prosecution would be ready to present its witnesses and tender their statements.
Defence Admits Procedural Oversight
The accused persons were represented by Melron C. Nicole Wilson, M.A. Tola Thompson and Jessie M. Jengo Esq.
Defence counsel Jessie M. Jengo Esq. acknowledged the procedural issue raised by the prosecution, describing it as an oversight in communicating certain matters to the court.
He explained that the defence had, that same morning, filed a notice identifying the witnesses it intended to cross-examine and had served the State Prosecutor with the document.
Counsel said the omission was that the defence had failed to withdraw an earlier notice that had already been filed in the matter.
He urged the court not to allow procedural technicalities to defeat the interests of justice, particularly since the prosecution had been served with the relevant documents.
Prosecutor Objects to Defence Application
Responding, Prosecutor Yusuf Isaac Sesay objected to the defence document, arguing that it did not constitute a proper legal application.
He told the court that merely describing a document as an application did not make it one, stressing that the correct legal procedure must be followed.
The prosecutor read the document in court and maintained that it amounted to a notification rather than a proper application.
He therefore urged the defence to file the appropriate application in accordance with the law.
Le3 Billion Bail Each
After considering the defence’s bail application and the application relating to the cross-examination of witnesses, as well as the prosecution’s objections, Magistrate Mustapha Brima Jah ordered the defence to comply with the relevant legal provisions.
The court, however, granted bail to both accused persons in the sum of Le3 billion each, with two sureties in like sum.
The magistrate ordered that the sureties must be Sierra Leonean nationals and must produce valid identification cards clearly indicating their addresses in Freetown.
The bail conditions are to be approved by the Deputy Assistant Registrar.
The matter was adjourned to August 17, 2026, for further proceedings.