By Fatima Kpaka
Joseph Sorie Kargbo and Barigye Bernard Pansiano were on Tuesday, September 12, 2023, sent to prison by Magistrate Mark Ngegba of Court No1 for allegedly operating Felix Group without license.
The accused persons are arraigned on three counts of conspiracy contrary to law, operating a deposit taking institution without license contrary to section 3(2) the Financial Services Act 2001 and trading in foreign currency other than the Leones in Sierra Leone contrary to section 26(5) of the Bank of Sierra Leone Act 2019.
The particulars of offence for count one states that, the accused persons on diverse dates between 1st July and 23rd August 2023 at No 42 Jui, Waterloo high way conspired with other persons unknown to operate Felix group limited trade company without the relevant license by the State of Sierra Leone.
The police further alleged on count two that, the accused persons on the aforementioned dates and place, operated Felix Group as a deposit taking institution without the relevant license by the Bank of Sierra Leone.
Whiles counts three added that
The accused persons on the same date traded in foreign currency (United States dollar) other than the Leones in Sierra Leone, according to count three.
When the charges were read and explained to the accused, no plea was taken and no legal representation was made on their behalf.
Prosecution witness No 1, Donald Macauley led in evidence by Inspector Mabel Tarawally said he is working for the Bank of Sierra Leone, and that he recognized the accused persons.
He recalled 1st July and 23rd August 2023, while acting in the capacity of director of financial services because the substance was not around, he received an information from WhatsApp indicating the illegal operation of the accused by receiving monies from citizens.
Upon receipt of the information, he said he related the said information to his superior.
The witness said the deputy governor of financial services immediately contacted the police who went to the scene and arrested the accused persons and brought them to the Criminal Investigation department (CID) headquarters where he made statements.
During cross-examination by lawyer F I Kamara, the witness said he has been working for the bank for over 25 years.
When he was asked as to whether he had visited the address of the said company, the witness said no.
He said they have a list of institution registered with the bank, and that they have went through the list but the said group was not among.
When he was asked whether he did anything to ascertain the authenticity of the information received, he replied in the affirmative.
Lawyer Kamara suggested to the witness that if he will be surprised to know that the company is registered with corporate affairs office, the witness in reply said he would not be surprised.
Defense Lawyer Kamara applied for bail on behalf of the accused persons, noting that notwithstanding the charges, the accused are presumed innocent until proven guilty.
He said the accused persons were arrested based on hearsay, and that they have no connection with the prosecution witnesses.
The prosecutor Inspector Mabel Tarawally objected to bail due to the serious nature of the offence.
Magistrate Ngegba refused bail due to the serious nature of the offences charge. The matter was adjourned to September 20, 2023 for further hearing.