By Fatima Kpaka
A driver, Mohamed Kakay, appeared before Magistrate Santigie Bangura at Pademba Road Court No. 2 on Thursday, September 10, 2024, on charges of conspiracy, larceny, and fraudulent conversion. Kakay is accused of stealing 75 kilograms of sea cucumber, valued at 600,000 Leones, which had been entrusted to him for safekeeping by the complainant, Sheka Tarawalie.
The charges against Kakay stem from an incident in May 2024, in Gendema Town, Pujehun District, where he allegedly conspired with others to commit larceny. According to the prosecution, Kakay stole the sea cucumber, which was placed in his care by Tarawalie while he briefly left to withdraw money from a nearby shop. Upon his return, the accused had disappeared.
In his testimony, Tarawalie, a businessman, recounted that he was in Liberia at the time when his elder brother, Karim Sahr, sent transportation for him to return to Sierra Leone. At a transport station, Tarawalie handed over the 50 kg rice bag containing the sea cucumber to Kakay for safekeeping. However, upon his return, Kakay and the sea cucumber were nowhere to be found.
Tarawalie testified that after searching for Kakay for three days, his brother eventually spotted the accused in Tokeh, leading to his arrest by police.
Defense counsel K. Sillah requested the court to discharge the case, arguing that the alleged crime occurred in Liberia, outside of Sierra Leone’s jurisdiction. However, Prosecutor DASP Sorie Conteh refuted this claim, asserting that the offense took place in Gendema, which falls within Sierra Leone’s Pujehun District. Sillah countered that even if the crime took place in Pujehun, the trial should occur in that jurisdiction, not Freetown, citing Section 41 of the Criminal Procedure Act of 1916. After reading the section aloud in court, Sillah withdrew his application for discharge and proceeded to cross-examine the witness.
During cross-examination, Tarawalie mentioned that he had known the accused for over 15 years and that Kakay had been involved in multiple criminal cases, having been reported to the police several times.
The defense then applied for bail, but the prosecutor opposed the request, citing the affidavit. Magistrate Bangura denied bail, remanding Kakay and adjourning the case to September 17, 2024, for further hearing.