Alimatu Jalloh
Magistrate Mark Ngegba, of Court No. 1 on Pademba Road has on Friday 21st October, 2022 refused an application by defence counsel representing the Mayor of Freetown, Yvonne Aki-Sawyer, requesting that a statement which Corporal 12225 Fanta Fofanah had made to the police be given to them to aid the proper conduct of Cross-Examination on the witness.
Before commencing the matter, Lawyer Joseph Fitzgerald Kamara applied for the statements of the witness to be given to them so that they could read through it to help them during their cross examination.
He made this application pursuant to section 23 (5) (d) of the 1991 Constitution of Sierra Leone Act No. 6.
He added that the prosecution ought to have served them with a copy of the statements of the witness who was supposed to testify before the Court.
In response, State Prosecutor Yusuf Isaac Sesay objected to the application saying that the section cited by defence counsel Kamara was not in line with the application he had made.
He added that testing the validity of the witness comes during cross examination, and that the application which the defence had made was untimely and also not in line with the law relied on by the defense. According to State Counsel Sesay, statements are made available to the defence pursuant to section 190 of the Criminal Procedure Act of 1965 and so the application made by the defence was not matured. He then asked that the Magistrate discountenanced the application.
Magistrate Ngegba in his ruling on the matter turned down the application which defence counsel Kamara had made.
Lawyer Pa Momoh Fofanah further made an application again that the statements of the witness made to the police by Corporal 12225 Fanta Fofanah be made available to them pursuant 190 (2) of the Criminal Procedure Act of 1965.
He reemphasized that the defence wanted the statements of the witness because there were inconsistencies between what the Corporal had stated to the police and what she had said in court.
The witness herself when asked by defence counsel stated that she would like the defence to have the statements which she had made to the police, but the application was not granted by Magistrate Ngegba.
Lawyer Fofanah said insisted that the witness herself had not objected to the application and that preventing them from the right to peruse Corporal Fofanah’s statement at the police will deflect the ends of justice and make the process a trial by ambush.
Magistrate Ngegba responded that section 190 of the 1991 Constitution Act No: 6 which Lawyer Fofanah had cited was not applicable to that issue, and added that the said application would not be granted because the proper foundation had not been laid.
Lawyer Fofanah in response asked for the court to permit an appeal to challenge the ruling given by Magistrate Ngegba refusing them access to the statements made by the witness to the police.
He said section 42 (1) of the Courts Act of 1965 stated that even the prosecution could not be deprived of the right to access statements made to the police.
Magistrate Ngegba did not grant the said application to appeal on the ruling for the reason that the application which the defence counsel had made did not fall under the right section.
At this juncture an adjournment was taken.
Earlier on the witness Corporal 12225 Fanta Fofanah attached at CID Lungi police Station recognized the Mayor madam Yvonne Aki- Sawyer and recall on the 17 September 2022.
She further that on that day, while she was on duty, the Operation Officer Inspector E. F. Koroma and his team of the same division arrested and brought in councilor Sheku Sesay for an alleged offense of planning and organizing the execution of the August 10 protest.
She said the Councilor was handed over to their department for caution statement to be obtained from him.
Madam Fofanah continue that whiles Mr. Tucker was preparing the statement, she had a voice of a woman at their charge office and she was shouting “where is my councilor and why was he arrested without warrant.”
The witness said upon reaching at the charge office she saw the Mayor and a military officer and she cautioned Mayor to calm down but she did not listen to her but kept on shouting.
She furthered that the Mayor then stated that the police do not have the right to arrest the councilor without a warrant.
She added that while statement was obtained from the councilor, she asked the military officer who the accused was because she did not know her at that time and that it was the military officer who told her that it was the Mayor of Freetown.
The witness continued that the Mayor then entered the investigation room and said that her councilor will not make statements because there had been no warrant of arrest served on him.
Madam Fofanah furthered that the Mayor then gave her cross bag to the Military Officer and then held the hands of the councilor and took him outside the investigation room.
She added that she and Mr. Tucker rushed to the door to stop her not to take the said suspect anywhere and that at that point she told the Mayor that she was obstructing their investigation.
She said the Mayor then removed her cell phone from her bag and started making a live video that the police had arrested her councilor without a warrant.
She said at that point she asked the Mayor to allow her to do her work, and assuring her that after they had finished taking the voluntary caution statement from the councilor they will later hand over the suspect to the LUC for she to talk with him for the release of the suspect and she agreed.
The witness said she made statements at the police station.
During cross examination by defence Counsel Pa Momoh Fofanah, the witness said she had not been present when the Councilor was arrested.
She said that she wasn’t aware whether the councilor had been arrested with warrant.
The Mayor was standing trial before the court for allegedly obstructing the police in the execution of their duty and disorderly behavior.
The charge sheet indicated that the Mayor on Saturday 17 September, 2022 at the Airport Police Division Lungi in Sierra Leone, obstructed Detective Sergeant 7966 Richard Junior Caulker and Corporal 12225 Fanta Fofanah whiles executing their lawful duties and that the Mayor also behave in a disorderly manner.
The matter was adjourned to the 26th of October, 2022 for furthered hearing.