By Fatima Kpaka
Justice Komba Kamanda of the High Court in Freetown has on Tuesday 16th January 2024 turned down an application for bail on behalf of Bai Mamoud Bangura, the 8th accused person in the treason trial following the November 26th failed coup attempt. Lawyer Africanus Sorie Sesay made the application for the former Minister of Youth Affairs and Organizing Secretary of the All People’s Congress Party.
The application came after the trial Judge ruled on the date and time for the commencement of the alleged Treason Trial against Amadu Koita Makolo, Bai Mamoud Bangura and 10 others.
Lawyer Musa P. Sesay informed the court that the prosecution will not make any bail application for Koita and the other accused persons.
Lawyer Africanus Sorie Sesay made the application on the following grounds; firstly that he is a Sierra Leonean who had served the country to the highest level as Minister.
He further that his client is presume innocent until proven guilty, stating that all what is before the court are mere allegations. The accused he said had been hospitalized since December 2023 with a viral condition noting that he had been brought to court on a wheel chair in an Ambulance.
” His constitutional rights for a fear hearing will only be fulfilled when he is well, on the 11th January 2024 a renowned medical doctor gave evidence that the health condition as an emergency having chiralized his position and condition about hypertension and blood samples for urine”, he said.
Lawyer Sesay said the accused present medical condition is unstable, adding that it is risky for the justice system to allow such an accused to go through such trial.
The accused he said is under the supervision of the state and therefore urged the court to look at the medical report and grant bail base on that.
” I visited him at the Correctional facility and his condition is getting worst and the order for him to be treated at the prison hospital is not enough”, lawyer Sesay stated.
The medical report, he said, came from the prosecution and the accused had no control over it. He then pleaded with the learned judge to admit the accused to bail in order for him to get the necessary medical attention.
He further submitted that the judge has the power to grant the accused bail for him to be hospitalized or confined in an appropriate hospital where his medical needs could get better.
His application, he said, was not one to delay justice, but one based on the constitutional rights of the accused so that he could prepare for his defense.
Section 79 sub section 1 of Act No 32 of 1965, he said, gave the judge the power to admit to bail a person accused of Treason under the Public Notice rule 11 of 1969.
The essence of bail he said is to ensure that the accused is present whenever he is needed in court, adding that the accused had credible people to bail him and would not in any way jump bail or interfere with the prosecution witnesses.
He made the application pursuant to regulations 1, 2 rule 5 sub rule 2 paragraph E.
The state prosecutor Lawyer A.G.M. Bockarie in reply to the bail application made by defense Counsel said that the court should invoke his discretion as in rule 11 of public notice No 42.
He added that he would not want to provoke the issue under the Bail Regulation of 2018 which provides that when the state wants to oppose they should do so by an affidavit.
The issue of, bail he said boarders on the medical condition of the accused, but said added that it was dealt with by the court on the 11th of January 2024 when the doctor testified about the accused.
According to the order, the accused he said was to be hospitalized and accorded the appropriate medical facility which he said had not been varied.
” It makes no substance to grant bail when the issue has been death with; I therefore submit that the court discountenance the application for bail and that if he has any medical doctor he will be given access to examine and treat him at the facility,’ he stated.
Lawyer Bockarie said the defense counsel had not presented to the court any substantive grounds to show that the accused’s health condition had deteriorated as all what had been shown was blood pressure.
He further urged the judge to discountenance the application for bail, stating that no fresh issues had been brought to court about the status of the accused’s health condition.
He further prayed that the application for the accused person to be admitted to bail to refused and his order for the accused to be hospitalized be complied with.
Justice Komba Kamanda in his ruling to the application for bail for the 8th accused Bai Mamoud Bangura and the reply thereto by lawyer AG M Bockarie refused bail on the grounds that the allegations, for which the accused is charge, were serious.
He also ordered that the accused be hospitalized and accorded proper medical care whiles Koita and the others were order to be remanded in prison.
Prior to this order, the 8th Respondent Bai Mamoud Bangura was brought to court in a wheel chair and identified by Mr Abubakarr Kargbo as per the order of the court dated 11th of January 2024. The accused was arrested on three counts charge of Treason, Mistreason and Haboring.
The state prosecutor Lawyer Ahmed G. M. Bockarie applied that the order dated 11th January 2023, be granted and also for date and time to be fix for the trial. He added that they, the prosecution, were committed to complying with rule 17, and the order in rule 10 of Public Notice No 42 of 1969.
Justice Komba Kamanda having listened to the state prosecutor ruled that the trial be held on Thursday the 1st February 2024 at 10:00 am Main Law Court No1 building Siaka Stevens Street Freetown.
He also made an order for the accused persons to be served the indictments within 10 days from the day of the order.
It could be recalled that the 12 accused persons including Amadu Koita Makolo, Bai Mamoud Bangura, Mohamed Jalloh, Sergeant 10020 Emmanuel Salifu Kamara, Ramatu Kamanda Conteh, Alimatu Hassan Bangura, Hassan Leigh, Mohamed Woodie, ASP Ibrahim Sesay, Tamba Yamba, Kabba Kamara, and Abdul Sorie Hassan Kamara were drag to court for treason, misprision, Haboring and other related offences contrary to the laws of Sierra Leone
Defense counsel for all the accused persons were Lawyer M. P. Sesay, M.N. Kamara, A. S. Sesay, Ade Macauley, B. Koroma, A. A. Bah, S. A. Conteh and a battery of other lawyers. The state was represented by the Director of Public Prosecution O Kanu, AGM Bockarie, A. V. Vandi and others.