May 4, 2015 By Hassan Gbassay Koroma
One Abu Bakarr Sesay was granted bail last Friday (1May) in the sum of twenty million Leones plus two sureties after he was charged with the unlawful possession of an explosive substance.
He was arraigned at the Freetown Magistrates’ Court No.2 presided over by Albert J. Moody on two counts of conspiracy and unlawful possession.
The prosecution alleged that on 15 April this year, at Cockle Bay, Aberdeen Road, the accused conspired with other unknown persons to commit a felony and was also found in possession of an explosive substance, to wit dynamite, on the said day.
While testifying on the matter, investigating officer Detective Police Constable Jeff Benson attached to the Maritime Department at Murray Town, said he knew the accused and recalled that on 15 April, 2015 one Assistant Superintendent of Police Moijueh and a team attached to the Congo Cross police station arrested the accused with some substance suspected to be dynamite, and that the matter was assigned to him for further investigation.
He said he handed over the substance to the Exhibit Clerk for safe keeping and that during the course of investigation the accused told him that the substance had been given to him by one Kindo Marah.
He said on 15 April, he and one Sergeant 8303 Koroma S.S. interrogated the accused and charged him with conspiracy and unlawful possession on 18 April.
During cross-examination, J.B. Jenkins-Johnston, counsel for the accused, asked as to whether the witness waited for the ballistic report before charging the matter to court, to which the latter replied in the negative.
The defence counsel also put it to the witness that because he did not wait for the ballistic report he could not tell as to whether the alleged substance was a dynamite.
“My lord I submit that the charges against the accused person are premature and baseless, and I am applying that the matter be discharged with immediate effect on the grounds that the investigating officer did not wait for the ballistic report, hence ignorant of why the accused was brought to court,” submitted the defence counsel.
He added that the accused spent 32 days in police custody before being charged to court, for which reason he said the accused should be discharged in the interest of justice.
The matter continues.