By Fatima Kpaka
Magistrate Mark Ngegba has on Tuesday, July 25, 2023 remanded nine persons for carrying arms and ammunition unlawfully and purporting to be security personnel for a company that is unlicensed.
All nine, Alpha Sheriff alias Sheriff APC, Alhassan Kamara, Alhaji Hassan, Amadu Conteh, Alhaji Saidu Fofanah, Sorie Sillah, Abdul Karim Man’s , Abdul Aziz Kargbo and Aruna Sorsor Kamara had earlier been arraigned before the Magistrate at the Pademba Road Court No1 for allegedly operating a security service and possessing a pistol without license.
The accused persons had been arrested in Bo Town in the campaigns leading up to the June 24th 2023 election.
The accused persons made their first appearance and were arraigned on 4 countsranging from operating a private security agency without valid license contrary to 31(8) of the National Security and central Intelligence Act 2023, Act No 2 of 2023, Possession of small arms without license, Having in control of small arms without license contrary to section 11(1) of the Arms and Ammunition Act 2012 and Unlawful Concealment of arms all contrary to the laws of Sierra Leone.
The police are alleging in details that all the accused persons on Wednesday 7th June 2023, at Keibbie Town Bo in the Southern Province had been found operating a private security service by the name of SAMU-COCO security, without a valid license.
Secondly, according to the police, the first accused Alpha Sheriff on the same date and place had been found in possession of one gray and black Taurus Armas Revolver pistol which was unlicensed.
It was also alleged on count three that the first accused person had also been found in control of the aforementioned pistol without license.
Count four added that he unlawfully concealed the said gray and black pistol.
When the charges had been put to the accused persons they pleaded not guilty.
The first prosecution witness is Sub-Inspector Mohamed Wai who is attached to the Operations Department Bo West Division of the Sierra Leone police.
He was led in evidence by JMS Bull Esq. and he said that on the 7th of June 2023, he was on duty at the said division when he received a telephone call from Assistant Inspector General (AIG) Kanneh that some people had bulldozed a checkpoint. Upon receipt of the information, he said himself together with 5 other police personnel boarded a police vehicle and went to the scene and that upon their arrival they met a vehicle parked with its bonnet open. He said he then called the AIG and informed her that they had seen the vehicle.
”We search the vehicle and saw 4 baseball bats, and later searched the first accused’s bander wear and discovered pepper spray, one knife, one military compass and one British revolver Pistol”, he explained.
The accused persons, he said were later taken to the regional Criminal Investigation Division of the Sierra Leone police in Bo where he made statements.
The said exhibits were shown to the witness for identification and Wai tendered them as exhibits to form part of the evidence in the matter.
During Cross examination by defense counsel, Joseph Fizgerald Kamara, the witness revealed that he has been a police officer for the past 33 years, adding that he has been stationed in Bo for the past 15 years.
On the 7th of June 2023, the witness confirm that the called from the AIG had been directed to the OPs Officer.
When he was question as to which of the accused had been found with the baseball bats, the witness said the baseball bats were found in the vehicle while the revolver was found on the first accused.
He said the accused persons were handed over to the Crime Oficer Bo, but denied he and his colleagues beat them during their arrest.
When it was put to him, that he allowed civilians and the Mayor of Bo city to enter into the police station to beat the accused persons up, he denied having knowledge of that.
Lawyer Kamara put it to the witness that on the day of the incident he was not at the scene, but Wai insisted that he had been there and he described the color of the vehicle as white Hilux.
Defenses counsel applied for the witness’ statement to be shown to him, but his application was vehemently objected to by the prosecutor on the grounds that the defense counsel did lay the proper foundation and did not cite any law.
The witness in continuation of his responses while being cross examined, said that he was the one who searched the first accused adding that the items which had been found on him were of police interest.
When the witness was asked whether the inscription of APC Sheriff on the T-shirt of the first accused was what led to his arrest, he answered in the said negative, and told th court that the first accused’s arrest had nothing to do with that.
The witness was also asked whether he knew of any video that had been making the rounds on social media, he said no.
At this juncture the defenses counsel requested for an adjournment for continuation of his cross examination and also for the said video to be brought to court.
He however applied for bail on behalf of all the accused persons pursuant to section 79 sub section 3 of the Criminal Procedure Act 1965.
He added that the offences for which the other 8 accused persons had been charged were regulating offences and therefore pleaded for bail to be admitted to them, adding that the first accused faces a charge of unlawful possession.
Lawyer Kamara said that the defense had heard the opportunity of reviewing the affidavit in opposition to bail by the prosecutor but urged the bench to discountenance it.
Chief Superintendent of police Juan S. Bull Esq in reply vehemently opposed to bail relying on the affidavit in opposition to bail. Bull noted that the matter is a Preliminary Investigation which ought to be investigated speedily.
She said the matter involves possession of a weapon.
Magistrate Ngegba however refused the accused persons bail on the grounds that the offences are serious and that the testimony of PW1 is incomplete.
The matter was adjourned to August 2, 2023.