By Alimatu Jalloh
Four accused persons including Sheku Kabba, Tamba Lebbie, Sahr Lebbie and Jehad Basma have for the second time appeared before Magistrate Santigie Bangura of Pademba Road Court No: 2 in a case of missing diamond.
On Wednesday 14th August 2024 when the matter was first mentioned on a case file with number CS 2113, State Prosecutor Yusif Isaac Sesay Esq. informed the court that there were two matters before the Magistrate stemming from the same issue, and applied for the charges on case file CS2113/2024 against the accused persons to be discharged, offering no evidence against them.
Meanwhile Magistrate Bangura granted the application in view of the submission of the prosecuting counsel and discharged the accused persons.
Sesay also mentioned CS 2199 a new case file which the prosecuting counsel Yusif Isaac Sesay Esq. applied for a short adjournment date because the third accused persons was absent from court
Counsel representing the accused persons Jessie M. Jengo Esq. applied for bail on behalf of the accused persons pursuant subsections 2 and 3 of section 79 of the Criminal Procedure Act No.32 of 1965.
He emphasized that the accused persons are resident within the jurisdiction, hey have reliable sureties who are willing and ready to go into recognizance on their behalf, and that they would not interfere with prosecution witness or witnesses nor will they jumped bail. He made reference to the matter that had just been discharged and added that the accused persons was admitted to bail.
State Prosecutor Yusif Isaac Sesay Esq. objected to the above statement made by the defense counsel, and added that the said matter was no longer before the court and was then dead and buried.
He further stated that the circumstances surrounding the matter had changed to the fact that there were now before the Magistrate four accused persons who had been charged, with one absent which according to him was an eye opener. He urged Magistrate Santigie Bangura to take heed of the gravity of the offences before him if he was minded to admit the accused persons to bail to indicate the level of seriousness the court attaches to such matters.
He added that the victim came to court in search of justice.
Meanwhile Magistrate Bangura said he had carefully listened to both prosecutor and the defense counsel, taken cognizance of the offences charged particularly the nature of the property in the action and it estimated value and the failure of the third accused person to appear in court with no excuse. He added that the absence of the third accused person reminded him of a principle of law as stated in Archibald Criminal Pleading Evidence and Practice 23rd Edition 203 that where the nature of the offences charged is serious the greater should be the leaning to refuse of bail. He however admitted the accused persons to bail because the prosecution had not expressly opposed it.
He admitted the accused persons to bail in the sum of two billion Leones with two sureties in like sum the sureties must be responsible citizens resident in Freetown. The sureties must be property owners in Freetown and the title to the properties must be produced to the Court and they must be supported by building permits obtained at the time of the building on their respective pieces of Lands. The title deeds of the properties must be valued to the amount of money contained on the face of the charge sheet. The accused persons must surrender all their travelling documents with particular emphasis laid on the passports. Magistrate Bangura also ordered a letter to be written by the Master and Registrar directed to the Department of Immigration copying the court and prosecution requesting the accused persons not to be allowed to travel out of the jurisdiction. He furthered that one of the sureties must operate a bank account containing at least one billion Leones which said bank statement must be duly signed and stamped by their respective banking authorities and all of the accused persons must swear to affidavits in which they would depose that they intend not to leave the jurisdiction. The bail was to be approved by the Master and Registrar of the High court of Sierra Leone and the matter was adjourned to the 16th of August 2024.