Four accused persons including Sheku Kabba, Tamba Lebbie, Sahr Lebbie, and Jehad Basma have for the second time appeared before Magistrate Santigie Bangura of Pademba Road Court No: 2 in a case of a missing diamond.

On Wednesday 14th August 2024 when the matter was first mentioned on a case file with number CS 2113, State Prosecutor Yusif Isaac Sesay Esq. informed the court that there were two matters before the Magistrate stemming from the same issue, and applied for the charges on case file CS2113/2024 against the accused persons to be discharged, offering no evidence against them.

Meanwhile, Magistrate Bangura granted the application given the submission of the prosecuting counsel and discharged the accused persons.

Sesay also mentioned CS 2199, a new case file in which the prosecuting counsel Yusif Isaac Sesay Esq. applied for a short adjournment date because the third accused person was absent from court

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Counsel representing the accused persons Jessie M. Jengo Esq. applied for bail on behalf of the accused persons pursuant subsections 2 and 3 of section 79 of the Criminal Procedure Act No.32 of 1965.

He emphasized that the accused persons are residents within the jurisdiction, they have reliable sureties who are willing and ready to go into recognizance on their behalf, and that they would not interfere with prosecution witnesses, nor will they jump bail. He made reference to the matter that had just been discharged and added that the accused persons were admitted to bail.

State Prosecutor Yusif Isaac Sesay Esq. objected to the above statement made by the defense counsel and added that the said matter was no longer before the court and was then dead and buried.

He further stated that the circumstances of the case had evolved, with four accused persons now charged before the Magistrate, one of whom was absent, an aspect he described as revelatory. He implored Magistrate Santigie Bangura to consider the seriousness of the offenses when deciding whether to grant bail to the accused, thereby reflecting the court’s level of seriousness regarding such matters.

He noted that the victim sought justice in court. Magistrate Bangura stated that he had attentively heard both the prosecutor and the defense counsel, acknowledged the charged offenses, especially the nature and estimated value of the property involved, and noted the third accused’s unexcused absence. He recalled a legal principle from Archibald Criminal Pleading Evidence and Practice, 23rd Edition, page 203, which suggests that bail should be more likely denied when the charges are serious. Nevertheless, he granted bail to the accused since the prosecution did not object.

He set the bail at two billion Leones with two like-sum sureties, who must be responsible Freetown residents. The sureties, property owners in Freetown, must present their property titles to the court, supported by building permits issued at the time of construction on their lands. The property titles must match the charge sheet’s stated amount. The accused must surrender all travel documents, especially passports. Magistrate Bangura ordered a letter from the Master and Registrar to the Department of Immigration, with copies to the court and prosecution, to prevent the accused from leaving the jurisdiction. Additionally, one surety must have a bank account with at least one billion Leones, verified by the bank. All accused must sign affidavits affirming their intention to remain within the jurisdiction. The Master must approve the bail.