By Fatima Kpaka
On Monday, January 20, 2025, Magistrate Santigie Bangura of Pademba Road Court No. 2 withdrew the file concerning Reality TV Star Hawa Madiana Hunt for ruling after the defence team submitted a “no-case” motion regarding allegations of her insulting President Bio and his wife.
The decision on whether the matter should proceed to the High Court will be made on the next adjourned date.
The “no-case” submission came after the prosecution led two pivotal witnesses and closed its case. Lead defence counsel, Lawyer Rashid Dumbuya, cited procedural irregularities in his submission. “This case is not just about insult; it is blatant disregard for due process by the prosecution,” he remarked, accusing the prosecution of persecuting his client rather than prosecuting the matter.
Lawyer Dumbuya further argued that the prosecution was frivolous, malicious, and vexatious against the accused. He claimed there was a lack of sufficient evidence presented by the prosecution to warrant a committal of the matter. He also raised jurisdictional issues, stating that his client was brought to the wrong court and that the matter should have been taken to the High Court, which has original jurisdiction over the case. He urged the Bench to strike out the matter and discharge the accused.
Defence counsel also pointed out an error on the face of the indictment, arguing that the charges should not have been “sending insulting messages” as there is no such offence in the Cyber Security and Crime Act.
Dumbuya commented that the elements of the offence for which his client was brought before the Court had not been proven by the prosecution. He noted that the first prosecution witness testified that they logged into the accused’s Facebook account, but the video in question was not found. The second prosecution witness testified that the video was not shared by the accused but by a blogger in Germany named Mama Lucky. Dumbuya stressed the lack of due process, stating that the prosecution did not investigate those who shared the video nor conducted any forensic examination on the voice in the video.
Dumbuya also argued that the President and First Lady were not injured or felt threatened by the video, as they did not report it to the police or testify in court. He emphasized that the accused is a Canadian citizen and urged the court to consider the good relationship between Sierra Leone and Canada.
In response, State Counsel Yusif Isaac Sesay argued that his learned colleague had misconstrued Section 17 of the Cyber Security and Crime Act, noting that preliminary investigation is one of the vehicles used to approach the High Court. “One cannot just go to the High Court; there are vehicles, and Preliminary Investigation is one of those vehicles,” he explained.
Sesay added that the defence’s claim that the accused was brought with the wrong charge was incorrect, as marginal notes do not create offences; rather, it is the wording that does. He read out a statement in which the accused made a confessionary statement to the police that she created and sent the video on social media. “We are not persecuting because the accused herself made a confessionary statement to the police that she created and shared that video, and even the body language of the accused tells that she meant what she did,” he emphasized.
Sesay also cited case laws to support his argument that in cases involving certain public officials, the prosecution becomes the complainant by default, allowing the State to take action. Responding to the issue of the accused’s Canadian citizenship, Sesay stated that the accused is also a Sierra Leonean and must be subjected to the country’s laws.
After hearing arguments from both sides, Magistrate Bangura withdrew the file for ruling. He remanded Hunt in prison and adjourned the matter to Wednesday, January 22, 2025