Magistrate Orders Patricia Laverly to be Brought to Court
By Fatima Kpaka
Magistrate Santigie Bangura of Pademba Road Court No 2 has on Thursday, November 28, 2024, ordered for the former Minister of Finance Patricia Laverly to be brought to court to stand trial after absenting herself from court on several dates on medical grounds.
He made this order after the State Counsel Lawyer Yusuf Isaac Sesay made an application for the accused to be brought to court to stand trial after absenting herself from court on the basis that she was admitted to the intensive care unit at the Choithram Hospital.
The accused Patricia Laverly is before the court on two counts of inflicting grievous bodily harm on the complaint Madam Nabella Farida Tunis contrary to section 20 of the Offences Against the Persons Act 1861 and assault occasioning actual bodily harm.
According to the indictment, the accused on November 12, 2024, at State House in Freetown assaulted Nabella Farida Tunis with intent to inflict grievous bodily harm on her.
The police further alleged that the accused on the same date and place assaulted Madam Nabella Farida Tunis in a manner thereby occasioning her actual bodily harm.
Shortly after the matter was mentioned, the state counsel intimated to the court that one of the sureties was absent and that the defense was to file an affidavit and serve them but nothing of such was done.
He said they did not receive any call from the defense to inform them why they were not in court or why they were late, adding that the defense has not been treated fairly.
Lawyer Sesay made an application that the accused be brought to court judging from their conduct so that the court would examine her condition.
He added that the complainant is a busy person but has time to come to court to ensure that they expedite the matter, noting that justice must not only be done but must be seen to be done.
The lead defense counsel Jenkinson Johnson in reply said the application made by the state is inhumane and unreasonable.
The accused, he said, is still at the intensive care unit at Choithram Hospital and needs urgent medical attention outside the country.
Lawyer Johnson also presented to the court the affidavit supporting the health condition of his client, noting that the accused is not before the court for murder or treason.
He said that the state counsel wants the accused to die in court. He urged the bench to discountenance the application made by the state counsel for the accused to be brought to court given her present situation.
Magistrate Bangura having listened to both sides, ruled that though he cannot allow an accused to be persecuted but said he cannot also act blindly without supporting documents from the defense.
He, however, made an order for the accused to be brought to court within 2 hours, for him to examined her and assertain her condition.
After this ruling, the lead defense counsel Jenkinson Johnson applied for a variation of the order, pleading further that the court moved to the Choithram Hospital to verify whether what he was saying about the accused is true.
State counsel Yusuf Isaac Sesay in reply said the court ruling is premised on authority and this case he said is not an exception, adding that the defense counsel has not provided any sufficient reason why the order should be varied.
According to him, orders from the court could only be varied if there were obstacles on the way, noting further that all that the defense wants is to dictate to the court.
His application, he said, is of no moment and in that light pleaded with the court not to countenance his application. He also drew the attention of the court to one of the sureties who was absent in court, which he said clearly shows that they are not treating the matter with the seriousness it deserves.
Magistrate Bangura, however, granted the application made by defense counsel for a variation and ordered that the accused be brought to court on Monday, December 2, 2024.