|
There was high drama inside the compound of the Law Courts at Siaka Stevens Street Thursday after Presiding Magistrate at Court 2, (soon Justice) J.O. Wellington, denied bail to all the accused persons who were presented to him in three batches for riotous conducts which occurred in Kono and Bo last month.
Relatives of accused persons screamed abuses at the Justice system with some challenged the court to jail them if they could. Even police officers who were in the court in their numbers, could not contain the angry relatives after Justice Wellington made the pronouncement that all the fourteen accused persons including Parliamentarian, Honourable Foday Rado Yokie of the opposition S.L.P.P., who were in the first batch, were to be remanded until Friday 21st October. The decision to deny bail to the accused persons who comprised of five APC supporters and nine S.L.P.P supporters did not come lightly with the sitting Magistrate who said earlier in response to lead counsel for the defence, Sulaiman Banja Tejansie's concerns about media reports about the matter, that the bench cannot be influenced by any publication and that the Judiciary is independent and is there to hold the balance. The reason to deny bail was triggered by an amendment application initiated by Principal State Counsel, Gerald J. Soyei Esq. Citing Section 105 (1) of the Criminal Procedure Act No. 34 of 1965, Soyei applied for an amendment to Count 2 which is malicious damage. The charge originally read:… "Contrary to Section 3 of the Malicious Damage Act of 1816".
The Police who charged the accused persons dated the act 1816 instead OF 1861, a mistake which Soyei wanted amended but Defence Counsel, Charles Francis Margai countered that the matter is a Preliminary Investigation and Section 150 (1) which Soyei was using as his authority can only apply in summary matters and he advised that Soyei goes for 148 (1) instead. The sitting Magistrate ruled that unless the defence agreed the amendment which Margai described as a substitution instead of an amendment, must not happen. This created a stalemate and the Magistrate, banking on his earlier promise that he will consider bail after PW1, Sheik Sillah, has testified, ruled after applications were renewed, that, opportunity must be given for him to hear the witness' testimony.
Meanwhile, the infamous former rebel Mohamed Conteh popularly known as Bomblast appeared in the same court with six other accused persons in relation to the Bo riots on the 9th September. Their matter was adjourn to 21st October also without the charges being read to the accused as one of them was absent in the dock.
They were remanded in custody. In the Kono matter all the 8 accused persons who included a woman called Esther Fasuluku were remanded to reappear on the 21st October.
|
Editorials 
