27yrs old Osman Bangura a contractor, 70yrs old Abubakarr Kargbo a business man, 20yrs old Ibrahim David Kargbo a bike rider, 28yrs old Abdul Karim Kamara, 16yrs old Abu Koroma and Fatmata Sesay made their first Appearance before magistrate Sahr Kekaru of Pademba road court No.1in Freetown on two count charges to wit unlawful assemble contrary to the law and Riotous conduct contrary to the Law.

According to the particulars of offence on Saturday 26th March 2022 at Kissy Lower Koya chiefdom the Port Loko Judicial district the North-west Region of the Republic of Sierra Leone were found unlawfully assemble without lawful Authority or excuse an count two all accused person at the same place and date were found behaving Riotously.

The charges was heard and explained to the accused persons on their first appearance and Pleaded guilty.

 

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ASP Christiana Davis Cole and sergeant 9155 Dwight Marcathy prosecuting the first row the matter.ASP Davis Cole in her reply to the application made by defense counsels on the last adjourned date on the change of plea said accused person when been pleaded guilty especially when they are represented by lawyers must do so understanding and intending by that plea.

She referred the court to Merssen and R 1995/. An application to withdraw a plea of guilty, it is very much incumbent upon the applicant to establish a good and substantial reason is whether a miscarriage of justice should arise if the court upon the plea early place to convict and sentence the defendant or accused persons.

She added that a miscarriage of justice in this case is not simply because ab accused person enter the plea due to their convince but where they can show that the integrity of the plea of guilty is in question such as, a misunderstanding or threat which in this case according to her never happen, ass she said all of the accused person were represented by barricade of lawyers.

 

She said there are principles on which a change of plea application should be grounded before a court, adding that some of the said principles can be seen in cases by Regiana and Boag (1994) 73A CR 35 etc. Nothing them as few of the principles laid down where the applicant did not appreciate the nature of the charge to which the plea was enter , secondly, where the plea was not a free and voluntary confession, thirdly the plea was not attributable to a genius conscience of plea.

Where there was a mistake or other circumstances affecting the integrity of the plea as ab admission of guilt. Finally she said where the plea was induce by threat or other impropriety, when the appellate will not other wise has pleaded guilty. She said in all of the above principles laid out, the accused person were very much represented by learned counsels and therefore non of the above occurred.

According to her, the  bench was about to convict them when the plea was change. In conclusion said the prosecutors in recognizing In fact that the discretion of plea changes lies on the blossom of the bench and are not contesting same. She however drew the attention of the bench to the above principles. The prosecution therefore sees the application of the defense as not a means to prevent a miscarriage of justice but as a deliberate means of preventing or delaying justice. It is believed as justice delayed is justice denied and therefore requested for the application to be disregarded and sentences is passed as was intended by the bench.

Franklin Unisa Conteh lead counsels for all the accused persons pleaded on behalf of all the accused person.

A-Z Newspaper reports that, Magistrate Sahr Kekura refused bail and adjourned the matter whilst the juvenile was taken to the Juvenile home.