March 15, 2017 By Victoria Naomi Saffa & Elizabeth Kaine
Magistrate Santigie Bangura of the Pademba Road Magistrates’ court No.5 yesterday discharged one Abdul Mansaray, alias Gbokolo for want of prosecution witness.
It could be recalled that the accused was charged with two counts of conspiracy to commit felony and burglary and larceny contrary to Section 25 (1) and 13 (a) of the larceny Act 1916.
According to the particulars of offence in count one, the accused on Sunday, 14th August, 2016 at No.33b Babadorie, Lumley in Freetown, conspired with other persons unknown to commit a felony to wit burglary and larceny.
The particulars of offence on Count two stated that on the same date and address, the accused broke into and entered the dwelling house of the complainant, Mohamed Daffae and stole therein two Iphones to the total value of eighteen million, two hundred thousand Leones.
Defense lawyer for the accused person, Victor T. Baindoma, pleaded for a discharge of the accused on the grounds that since the commencement of the case, no witness had ever testified and that the accused has been consistently punctual in court to stand his trial on every adjournment dates.
He therefore craved the indulgence of the magistrate to discharge the accused.
Police prosecutor, Inspector Tarawallie, asked for another adjournment date so that he could subpoena the witnesses.
Magistrate Bangura vehemently objected to the appeal of the prosecutor and therefore discharged the accused.