In the case between Desmond Charles Babatunde Frazer, Hannah Alami, and the state, defense counsel, lawyer Madieu Sesay, in the initial investigation into allegations of Kush importation, has debunked the statement of the second accused (his client) saying the Police’s statement does not reflect what his client said at the police station.
Both Desmond Charles Babatunde Frazer and Hannah Alami are before Magistrate Sahr Kekura of Pademba Road Court No 1. in Freetown for six counts of charges of possession of materials intended to be used for the manufacturing of drugs without authority.
In their statement, the Police stated that both Desmond Charles Babatunde Frazer and Hannah Alami on Monday 18th December 2023 at No.19 Mudge Farm, Wilkinson Road in Freetown were found in possession of twenty-nine (29) Polythene Bags weighing 49.3 Kilograms of dried leaves used in the manufacturing of drugs, 33 bags of plastic containers which contained a liquid substance suspected to be precursors chemical used in manufacturing drugs. Each, according to the police, weighs five liters with an inscription Acetone 99.5% Propane 2.1,10 transparent plastic containers containing liquid substance suspected to be precursors chemical weighing five liters each with the inscription Butanol 99.95% pure methyl Alcohol.
Speaking under oath, Alpha Turay who served as a Police witness attached to the Trans National Organized Crime Unit (TOCU) recalled that on the 25th of March 2024, he was on duty at his department, when a case and inquiry file from “TOCU” headquarters was allocated to him for further investigation.
He testified that the file contained cautioned statements of the accused persons, a search warrant, a manifest of items, a delivery order, an invoice, a parking list, and two NRA certificates, adding that they have been in police custody ever since he received them. Turay tendered the aforementioned items in evidence.
The defence counsel, Madieu Sesay challenged the content of the second accused’s statement which was tendered in evidence. According to Lawyer Sesay, the statement being tendered does not reflect what his client said at the police station. “I doubt the authenticity of the said statement and I am not sure my client signed it,” he said.
In this occurrence, Lawyer Sesay applied for a trial within the trial for him to clear his doubt. Following his application, Magistrate Kekura remanded the accused persons, and he adjourned the matter to the 9th of April so that the defense counsel could furnish the court with his authority (sections of law) for such an application.
In essence Lawyer MADIEU applied for a ‘viore dire’ to clarify his Witness’ statement