Accused’s Fate to be Determined Today
August 30, 2017 By Memunatu Bangura
Magistrate Albert J. Moody of court No.1 is set to determine whether to discharge or grant bail to eleven accused persons that are in court on allegation of conspiracy to defraud contrary to the laws of Sierra Leone.
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“On the next adjourned date I will consider the application made by the defence counsel whether to discharge or grant bail,” Magistrate Moody said.
Lead Counsel, H. M. Gevao, has earlier applied for the matter to be discharged because the offence for which the accused persons were before the court was ‘bad in law’ and the particulars cannot be amended
Lawyer S. M. Sesay had also applied that documents including Bank identity cards, passports and other travelling documents and mobile phones that were seized from the accused persons be returned to them.
In his response, the magistrate ordered the police to hand over all documents that were seized from the accused persons.
“All Bank identity cards, passports and other documents and mobile phones that were confiscated be returned to the accused person with immediate effect. I so order,” Magistrate Moody ordered.
He told the prosecution that it was unfounded for the police to charge the accused persons with conspiracy to defraud, noting that such offence cannot stand in isolation without the principal offence.
Police prosecutor, Assistance Superintendent of Police- Samuel Kamara argued that some of the confiscated documents and mobile phones were part of the investigation and cannot be handed over to the accused persons.
Cecilia Fatola Annie Ben-Carew, Abdul Ibrahim Sama, Komba Gbolie, Rebecca Kosonikeh Fuller, Yayah Hamid Gabreel Kamara, Dankawallie Mansaray, Solomon Caulker, Patrick Massaquoi, Albert Jabatti Fortune, Francis Alimamy Sesay and Charles Eric Wilhelm, are before Magistrate Moody on one count of conspiracy to defraud contrary to law.
The particulars of offence stated that the accused persons on a date between 1st April, 2017 and 12th July, 2017, at Bank of Sierra Leone, with intent to defraud the Government of Sierra Leone of its needed revenue, conspired with other persons unknown and facilitated the unofficial movement of the Leones and foreign currency (United States Dollars and British Pounds Sterling) out of the said Bank to the hand of private individuals by making false representation that the Bank was engaged in its normal auction exercise, knowing the same to be false.
The Defence team including Lawyer M. E. H. Sesay, S M Sesay, M Dumbuya, H. M. Gevao, B. Pratt, A K Musa, P. T. Bear, J Kapuwa, V. Lansana and O. S Kamara among others.
The matter comes up today.