Justice Tonia Barnett (J/A) (Mrs.) early this week, sentenced four notorious armed robbers to sixty (60) years imprisonment, with each of them to serve fifteen years jail term running concurrently.
The convicts, including Wurie Jalloh aka Kotor, Alusine Kanu aka Malagah, Mohamed Kanu aka Abass and Edward Kamara aka Je Hill, all arraigned before the court on four counts of the indictment, ranging from conspiracy, contrary to law and robbery, contrary to Section 23 (2) of the Larceny Act as repealed and replaced by Section 2 of the Imperial Statute (Criminal Adoption) (Amendment Act No. 16 of 1971.
They were also facing charges like carrying offensive weapons, contrary to Section 16 (1) of the Public Order Act No. 46 of 1965 and possession of Small Arms without lawful authority, contrary to Section 11 (1) of the Arms and Ammunition Act, Act No.9 of 2012. It was alleged that, on 22nd March 2017, at Wellington in the Freetown Judicial District, in the Western Area, the convicts conspired together with other persons unknown to commit a felony, to wit robbery.
On count two, on the same date and place, the convicts being armed with a gun (AK47) rifle and machetes, robbed Ahmed Sillah Sankoh of cash in Sierra Leone currency to the tune of Le15M, foreign currency to the tune of $2,000, two Land Rover Mobile Phones, valued at Le360, one Tecno C8 Mobile Phone, also valued at Le80, one SIERRA TEL Modem, valued at Lego, one Tecno J 9 Mobile Phone, valued at Le350, one J 9 Tecno Mobile Phone, valued at Lei, 500, one gold watch, valued at Le1.5M. two Dell laptops, valued at Le10 and SIERRA TEL Rechargeable Card, valued at Le500.
The total value of the stolen items was given as Le49, 260, all being the rightful and legal properties of Ahmed Sillah Sankoh.
For count three, it was initially alleged by the state that, on the same date and place, the convicts were found carrying offensive weapons (gun and matches), contrary to Section 16 (1) of the POA, Act No. 46 of 1965. They did so without lawful authority. On count four, the convicts, at the same place and date were found in possession of Small Arms without a license. This is contrary to Section 11 (1) of the Arms and Ammunition Act, Act No.y of 2012.
When the matter was initially mentioned for hearing, the State Counsel, O V. Robin- Mason canvassed the court for the Word, ‘robbery with aggravation’ to be changed to robbery, contrary to Section 23 (2) of the Larceny Act of 1916.
The State Counsel further canvassed the court for the accused to be tried by a Judge alone, rather than by a Judge and Jury, under Section 144 (2) of the CPA of 1965, Act No.32 of 1965 as repealed and replaced by Section 3 of the Criminal Procedure Amendment of 1981, Act No.11 of 1981.
The application was granted by the court, following which, the Counsel led the first prosecution witness, Ahmed Sillah Sankoli in evidence.
According to PW1, he is a trader dealing in cement, rice and foreign exchange mobile monies (Africell/Orange) and, he was living at No.67 Main Motor Road in Freetown.
The witness. Conti I that, on a date in question, at about. pm, he called one John to put off the generator. He said when John left to put off the generator, the convicts came around in his shop, thinking that they were in his shop to purchase some wares.
He said that to his shock and surprise, the third accused (Alusine Kanu and Mohamed Kanu) took machetes from their trousers and displayed the same before him.
“The second convict hit me the one machete on my head, while the third convict did the same on my chest. The gun was with the first convict Wurie Jalloh, alias Kotter. I became so terrified and within that time frame, the convict took away the bunch of keys to my shop from me,” the witness told the court.
The witness also informed the court that since one of the bulbs was on the fourth convict, Edward Kamara, alias Joe Hill destroyed it and to his disbelief, the robbers damaged the lockers and had access into his shop where they stole the said items as listed by him.
“I was locked up in a store by the convicts. As they left, I heard a gunshot which was far away from his shop environs, precisely at the Wellington Market area, the witness said.
He said that he later made a report at the Criminal Investigation Department on Pademba Road in Freetown and made a statement together with his witnesses to the police.
During cross-examination, the witness told the court that, before the incident, he had not known the convicts. He added that he recall that the 4th convicts were wearing a white shirts with an inscription, while the 2nd convict was wearing a red “T’ shirt with white stripes and a logo at the back. The 3rd convict, he said, wore a shirt and the 2nd convict wore a light green shirt. That when he shouted thief, thief, one of the robbers was apprehended by people around.
The evidence of PW1 was supported by three other witnesses, including a customer, Madam Fatmata Kando, Detective Sergeant Ernest Bakarr Moijue Bindi and Mohamed Kargbo. When Sgt. Bindi took the witness box, just as he was about to tender the statements of the convicts, they all denied the same, adding that they were forced and beaten by the police. On that note, a voir dire was conducted by the court and at the end of it, the court ruled in favour of the state.
The state was represented by Senior State Counsel, O. V. Robbin Mason, while the convicts were represented by Lawyer C. Campbell.