Presidential Lodge Theft: Accused Discharged Over Lack of Evidence From The Prosecution

Magistrate discharges alleged thief at Presidential Lodge after the prosecution failed to produce sufficient evidence against Musa Samura who was charged with alleged theft at the Presidential Lodge, Magistrate Sahr Kekura presiding at the Pademba Road Court No. 1 on Wednesday 2^nd March 2022 discharged the accused on want of prosecution.

The 23 years old was brought to court on two counts charges to wit conspiracy to commit a felony contrary to law and burglary and larceny contrary to Section 25Ii) and 13(a) of the Larceny Act of 1916.

According to the summon, the accused, Samura, on the 31^st August 2021 at State lodge, Hill Station the Western Area in Freetown conspired together with other persons unknown to commit a crime to wit Burglary and Larceny and with intent to steal broke and entered into State Lodge and stole therein 50kg Padi rice, half bag onions, two cartons tomatoes, quantity of assorted Maggie, four local chickens and one big knife all valued one million one hundred and thirty thousand Leones (1,130,000) property of the state.

Magistrate Kekura noted that the prosecution, in a bid to prove their case against the accused, Samura, called two witnesses in evidence, including the formal witness whom he said tendered exhibits respectively, adding that both prosecution witnesses testified in court and were cross-examined by the accused himself.

Magistrate Kekura also noted that, at this stage, his duty is to examine the evidence adduced before him, noting that if there is not sufficient evidence, the accused will be discharged pursuant to Section 118 of the Criminal Procedure Act No. 32 of 1965.

He added that in the instance case, the witness’s statements were uncorroborated. He cited the case of R.V Baskerville which centers around issues of corroboration in terms of evidence adduced before a court.

According to Momentum Newspaper, he furthered that the prosecution did not produce any exhibit in the court that linked the accused to the offence or reveal that the accused was in possession of the alleged stolen items.

In light of the above, Magistrate Kekura disclosed that the prosecution has failed to adduce sufficient evidence against the accused person for him to stand trial at the High Court. He therefore discharged the accused pursuant to Section 118 of the Criminal procedure Act No. 32 of 1965 Sergeant 9155 Dwight McCarthy prosecuted the matter.