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Justice Adrian Fisher of the Freetown High Court has on Friday turned down the bail application made by Lawyer Pa Momoh Fofanah on behalf of his client Alhaji Amadu Bah alias LAJ.
During the proceeding, state Prosecutor Yusuf Issac Sesay made an application for an amendment of the indictment on CS number 1388/2022.
He said the application is seeking the addition of one count which is assault occasioning actual bodily harm.
He said during the preliminary investigation at the magistrate court they had four count charges on the provision of section 148(1) of the Criminal Procedure Act No 32 of 1965.
He said if the indictment is amended no injustice will be caused to the accused adding that he was the prosecutor during the preliminary trial at the Magistrate Court and the accused was arraigned on four count charges including the count they are seeking to add to the indictment.
He referred to paragraph 148 of Archibald Pleading Evidence and Practice in Criminal Cases 36 Edition under the Rubrie amendment law which indicated that the added charge in the indictment is not bad in law but it is defective.
He said they are not bringing something new before the court that defense councils are not aware of, adding that the accused was defended during the preliminary investigation and the prosecution is not bringing anything new and this will not cause any embarrassment to the accused as he investigated at the Magistrate Court and he was defended by a defense lawyer.
Lawyer Pa Momoh Fofanah in reply said the accused was charged with the offense of assault and they saw the deposition but the issue is that the defense did not come prepared in court to argue about the amendment in the indictment.
He said if the prosecutor seeks an amendment in the indictment, they as the defense are seeking bail on behalf of the accused.
Justice Fisher in his rulings said the law is clear and ruled that the indictment be amended.
Lawyer Fofanah made an application for bail on behalf of the accused that he is a Sierra Leonean and has credible sureties to stand on his behalf.
Lawyer Fofanah added that the accused has a medical condition that will be better dealt with when granted bail.
He said the medical report of the accused was done by the Medical Superintendent of the Correctional Center and it is dated 5th July 2022 and addressed to the Director General of the Sierra Leone Correctional Centre on the health condition of the accused.
He informed the court that due to his medical condition the accused was recently referred to the 34 Military hospital for treatment.
State Prosecutor Yusuf Sesay opposed the bail application on the basis that it is contrary to regulation 3 (2) of constitutional instrument No. 5 of 2018.
He said they have filed an affidavit opposing the bail and he relied on the strength of the affidavit for the judge not to grant bail to the accused.
Justice Fisher gave an order to the prison officers ordering the Director of Prison for a medical assessment to be done on the accused and they should bring the medical report of the accused to him on Wednesday 13th October 2022.
He added that he will consider bail for the accused based on the medical report.
The matter comes up again on Thursday 14th October 2022.
