By: Ibrahim J. Conteh
Magistrate Sahr Kekura has given verdict to two accused persons in an ongoing trial. The three Accused persons, Pateh Bah, Joseph Jusu Sandi and Santigie Fofanah who have made series of appearance in court on three counts charges of Conspiracy to commit a felony contrary to law, Larceny contrary to section 2 of the Larceny Act 1916 and Receiving stolen goods contrary to section 33(1) of the Larceny Act 1916.
The particulars of offence indicate that in January of 2021 at No. 11 Lewis drive Juba the western area in Freetown conspired together with Joseph Jusu Sandi to commit a crime on count one and two. The police charge sheet states that the first and second accused persons did steal property worth twenty-five million Leones (25,500,000) belonging to Daniel Ojeah, Henry Williams and Leslie Nicole.
On their first appearance before Magistrate Kekura prior to the verdict, the first accused person pleaded guilty whilst the second and third Accused persons denied the allegations and pleaded not guilty.
Giving his judgement before the court in respect to the second and third Accused Persons, Magistrate Sahr Kekura intimated that the Prosecuting Counsel called five witnesses in evidence including the former witness and the exhibit Clerk who tendered various exhibits in relation to the Accused persons.
All of the prosecuting witnesses were cross examined by defense Counsel I.D.B John and C.J Luseni for and on behalf of the 2nd and 3rd accused person respectively. And on the close of the prosecution case, Counsel representing the second Accused Person Lawyer A.D made a no case submission on behalf of his Client.
Magistrate Kekura said looking at the evidence adduced in its entirety before the court including the no case submission for and on behalf of the 2nd accused person who admitted in his unsworn statement that he stole the sum of four million Leones from the room of the complainant.
The no case submission made by defense Counsel A.D Sesay said none of the prosecution witness said accused carted away with the properties and money.
Magistrate Sahr Kekura in view of the confessional statement before him said he is convinced that the 2nd accused person has a case to answer. He added that none of the witness led by the prosecution said they retrieved any of their properties from the 3rd accused person nor did they say they saw him selling the chain or necklace. But it mentioned in court that the first accused said he sold the chain to the 3rd accused person in which the amount was not stated in court and it is not tenable. Which he stated that “One cannot use the statement of a Co-accused to convict a Co-accused”.
Magistrate Sahr Kekura said since the 1st accused person had pleaded guilty and has been in custody for five months he was fined five hundred thousand Leones or six months’ imprisonment at the male correctional center in Freetown whereas the 2nd accused person based on his confessional statement he is convinced that he has a case to answer on count two.
Regarding the third accused person the prosecution has failed to prove its case beyond reasonable doubt against the 3rd accused person. He was charge with the offence of wounding but the Prosecution was unable to prove its case beyond reasonable doubt and has such he was acquitted and discharge and the exhibit to be returned to the right owner.