Eustace Harding, the son of the Chairman of the Sierra Leone People’s Party Dr. Prince Harding, has yesterday, January 15, 2024, been sent to prison by Magistrate Sahr Kekura of Pademba Road Court No1 for allegedly obtaining credit to the sum of Nle 360, 000.
The accused made his first appearance in court where he was arraigned for the crimes of Conspiracy to Defraud and Obtaining Credit Under False Pretenses.
The police are claiming in the first charge that the accused on a date unknown between 1st and the 21st of March 2023, at Main Motor Road Congo Cross Freetown with intent to defraud conspired together with other persons and obtained the sum of NLe 360,000 from Tommy Massaquoi.
The police further alleged on the second count that the accused on the same date and place obtained credit to the amount of NLe 360,000 Tommy Massaquoi on the pretense that he would repay the sum on the 29th of April 2023 knowing same to the false.
When the court registrar was about to put the charges to the accused, one of the defense counsel A. M. Harding objected to the second count on the basis that there is no offence like obtaining credit by false pretenses.
She added that section 13 (1) of the Larceny Act 1916, under which the accused had been charge was wrong in law and did not exist, but that the offence for whih the aused ought to have been charged falls under section 13 (a) and not sub section 1 and therefore the purported crime of obtaining money by credit is non-existent.
She added that the statement of offense could not be amended, and added that if it is allowed to be amended it would occasion injustice, and therefore she urged the court not to entertain such. She then submitted that the court discharge the matter and allow the accused to go home noting that as per the charges the accused ought not to be before the court.
The prosecutor ASP Mansaray requested for a short date in order to reply to the defense counsel’s submission.
Lawyer A.M. Harding also applied for bail on behalf of the accused
Pursuant to section 23 (4) of the 1991 constitution, to the effect that the accused is presume innocent until proven guilty.
The essence of bail she said is to ensure the appearance of the accused as and when needed in court, her application was made pursuant to section 79 sub 3 of the criminal procedure Act No 32 of 1965.
The prosecutor in reply to the application for bail relied on the discretion of the bench.
Magistrate Kekura refused to admit the accused person to bail due to the serious nature of the offence and the quantum involved, and the accused was remanded in prison. The matter comes up next on Thursday 18, January 2024.
Defense counsel who representing the accused person were M. Sheriff, F.J. Karim., A. M. Harding, I. J. Sesay and C. W. Davis.