June 7, 2021
By Jeneba A Conteh
Junior Fofanah, 35, on Tuesday, 1st June, 2021, made his first appearance before Magistrate Sahr Kekura at the Freetown Magistrate Court No. 1 for a preliminary investigation into allegation of dealing in a prohibited drug (cocaine and “kush”).
Police alleged that the accused, on the 16th May, 2021, at 35 Lumley Street in Freetown,was caught in possession of a prohibited drug to wit forty (40) ties of cocaine weighing 6.9kg without lawful authority.
Fofanah is faced with five counts charges including dealing in a prohibited drugs without lawful authority contrary to Section 7(1) of the Larceny Act of 2008, unlawful possession of India- Hemp (“Kush”) contrary to Section 48 (1) of the Pharmacy and Drugs Act No.11 of 2001, among others.
Witnesses are yet to testify in the matter but defense counsel, lawyer Ibrahim Macfoy, applied for bail on behalf of his client.
He canvassed his bail plea on Section 79(2and 3) of the Criminal Procedure Act of 1965.
He noted that the offense for which his client was in court is a bailable,adding that it is not felonious like wounding with intent or wounding.
He continued that his client is a Sierra Leonean who is ordinarily resident within the jurisdiction.
Even though the prosecution failed to serve the defense an affidavit of support while objecting to bail, but Magistrate Kekura refused bail, noting that defense counsel, in his bail plea did not state that his client has reliable surety to stand on his behalf.
He therefore refused bail and sent Fofanah on remand at the Male Correctional centre on Pademba Road in Freetown.
He adjourned the matter to the 3rd June, 2021. State Counsel, lawyer Ibrahim Tejan Bangura is prosecuting the matter.