After the State Prosecutor, lawyer Y. I. Sesay intimated the Court that the prosecution is at the verge of taking another line of action and requested for an adjournment, Magistrate Sahr Kekura remanded Honorable Emmanuel Saidu Conteh, and three others who were charged in connection with illegal importation of arms and ammunition.
According to the Police, Nabieu Unisa Raymond Bangura, Honorable Emmanuel Saidu Conteh, and Sheriff Jalloh on a date between Thursday 22nd April and Friday 2nd July 2021 and with intent to commit a felony, conspired together with other persons unknown to commit a felony to wit, illegal importation of arms and ammunitions.
Police also alleged the aforementioned accused persons were found in possession of the arms and ammunitions without valid license, among others.
Police slammed four counts charges of conspiracy to commit a felony, to wit, illegal importation of arms and ammunitions contrary to law, illegal importation of arms and ammunition contrary to Section 18(1) of the Arms and Ammunitions Act No. 9 of 2012, unlawful possession of arms and ammunition contrary to Section 11(1) of the Arms and Ammunition Act No. 9 of 2012, and other.
State Counsel, Y. I. Sesay brought two witnesses to court, but told Magistrate Sahr Kekura that he cannot proceed with the matter because the prosecution is about to take another line of action.
He added that the line of action which the prosecution is about to take is in the interest of justice. He therefore requested for one week adjournment. Lead prosecuting lawyer J. A. K. Sesay had earlier intimated the Court that the prosecution is working on a post-charge investigation.
Defense counsel for the 1st accused, lawyer J. M. Jengo did not object to the adjournment, but the time frame (one week). He noted that his client had been in custody for too long. He revealed that his client (first accused) has suffered injury while in prison after a door was slammed on his arms.
He urged the Magistrate to grant bail to his client in order for him to get proper medical attention.
Counsel for the second accused, lawyer Lansana Dumbuya said he feels disappointed over the fact that the prosecution does not want to make progress in spite of the fact the state had all the resources needed to prosecute.
He disclosed that he had made efforts to get the medical history of his client whose health condition he said is deteriorating at the Pademba Road Prison. He said it is not the fault of the second accused that the prosecution cannot make progress, adding that the manner in which the prosecution is conducting their case should not affect his client.
He added that his client is a Member of Parliament who represents thousands of people. He furthered that his client is not a flight risk. He concluded that the Magistrate has listened to the first witness, and had seen key documents which he said should inform the decision of the Magistrate. He urged the Magistrate to exercise his discretion judiciously.
He applied that the Magistrate order that the medical report of the second accused be made available. Lawyer Dumbuya said he had added the doctor at the Male Correctional Facility for the said medical report, but to no avail, rather the doctor referred him to make an application to the Magistrate for that to happen.
Counsel for the 3rd and 4th accused person, lawyer M.N. Bittar, noted that his clients are mere employees who know nothing about the shipment. “It will be unfair for them to be kept in prison,” he said.
State Counsel on the other hand responded that he upholds and adopt the position of the lead state counsel in the matter. He assured that if the matter is adjourned for one week, the prosecution will make progress on the matter.
Magistrate Sahr Kekura noted that the prosecution should have all that is necessary to prosecute, while he called on them to make progress on the next adjourned date. He added that he will look into the application made by the counsel for the second accused on the next adjourned date. He remanded all accused persons and he adjourned the matter to the 2nd August 2021.
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