Former Minister of Works and Public Assets, Honourable Alhajie Kemoh Sesay on Monday, May 9, 20 made his second appearance before magistrate Sahr Kekura of court no 1, Pademba Road in Freetown to answer to two counts of Cyber Staking and Cyber Bullying.
Charles Francis Margai led the defense, followed by Melron Nicol Wilson, and a host of lawyers.
The prosecutor Davis Cole Esq. said she wished to offer no further evidence on C/S 975 file and no response.
This came after the defense counsel raised an objection that the charge in which the accused was standing trial in court was wrong. He said that the accused has been charge with section 44(2)(B) of the Criminal Procedure Act No 32 of 1965 and there is no such offences under the Cyber and Security Act No 2 of 2021.
Magistrate Kekura then discharged the accused. AGM Bockarie also joined the prosecution team. He took over the prosecution of the matter and applied for a new amendment on C/S 775/2022.
Hon. Alhajie Kemoh Sesay was freshly charged with two counts of Cyber Staking and Cyber Bullying. The charge sheet states that sometimes between March and April 2022, he did communicate to President Dr. Julius Maada Bio to put him on fear.
When the charges were read to the accused he pleaded not guilty. Charles Margai raised an objection that the alleged offence was committed in Port Loko district in the northwest region. He said Sierra Leone has been divided, with each district having magistrate to do their work.
He referred to section 5(1) of the Courts Act No. 31 of 1995, stating that since the prosecution is alleging that the offence occurred in Port Loko, the court lacks justification to hear the matter. He noted that the magistrate did not have any alternative but to discharge the accused.
In his reply, AGM Bockarie said the premise of the defense is on the justification of the court. He said that trial must be conducted in the format of a Preliminary Investigation, and thus it falls under the jurisdiction of the magistrate.
Charles Margai added that the offences the accused is charged with are bailable ones. He also spoke about the physical ability of the defendant, who is a renowned senior citizen. He said lawyers, including the Bench, should not interpret the law emotionally. He pointed out that he is a leader of PMDC defending Kemoh Sesay of the APC.
He submitted further that the accused has property of his own, and has no intention to jump bail in his own recognizance, noting that the accused is prepared to surrender one of his property towards his surety.
AGM Bockarie replied that he is seeking the leave of the Bench for an adjournment to file an affidavit in opposition to the bail application for Hon Kemoh Sesay.
Charles Margai further imitated the Court that when such matters come to the Court, no arm guard should be in court. Magistrate Kekura then said he does not even know how they came to court. After a 30 minutes stand down, Magistrate Sahr Kekura granted the accused bail in the sum of 500 million Leones, two sureties in like sum and one of them should have a property and he should present the title deeds. The matter was adjourned to 11 May 2022.
By Alimatu Jalloh