Lead Defense Counsel Madieu Sesay Esq. representing Alhaji Amadu Bah Aka LAJ Yesterday Tuesday 9th August,2022 intimated the Bench that he would file no case submission of the alleged robbery case against his client.
Lawyer Sesay made the submission after the prosection left its final witness to close the case .
The Accused LAJ was under Preliminary investigation for the offences of robbery with Violence and assualt contrary to law.
According to the particulars of the offence on , Sunday 12th June 2022 at Leonco Filling station Congo Cross in Freetown, the accused violently robbed the total sum of NLe4,200(Four Thousand Two hundred New Leones) and assaulted Musa Mansaray, a pump attendant in a manner thereby occassioning actual bodily harm.
Led in defence by the state Counsel Yusif I.Sesay Fifth Prosection Witness (PW5) Detective Constable Alimamy Morlai Turay, who was marked b as the final witness, said he was attached to the Congo Cross Police Division as an Exhibit Clark when the matter was reported.
He recalled that on Sunday 12th June 2022, one black colour Tecno Mobile phone, black and green colour condom and the sum of Le 490, 000( Four hundred and Ninety Thousand old Leones) was handed over to him as exhibit s for safekeeping.
The PW5 further that he registered the said exhibit in their court Exhibit Book against the serial No.52/2022 adding that the said exhibit had been in their custody he produced and tendered in court.
The defense counsel raised an objection for the tendering of the Mobile phone , noting that its owner neither went to court to testify nor did he /she identified it. He argued that the Proper foundation was for the owner to identify the mobile phone, adding that the proper foundation was for the owner to identify the mobiy phone, adding that the best evidence rule only applies to documents. In his reply, State Counsel Y.l Sesay remarked that the proper foundation on the basis , the witness fits in that category to tender the exhibits.
The learned State Counsel furthered that the best evidence rule mentioned Secondary evidence in the absence of primary evidence, noting that the Defense Counsel objection was a misplacement and therefore urged the Bench to discountenace the objection raised by the Defense Counsel.
Lawyer Sesay at this stage renewed his previous application citing some provisions in the Bail Regulations b which b, according to him , make it mandatory for magistrates and Judges to Grant Bail.
Magistrate Ngeba however told the defense Counsel to refrain from misinterpreting statutes, noting that the said provisions does not state it mandatory.
He denied the accused bail and remanded him to prison, whilst the matter was adjourned to Tuesday 16th August