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High Court judge, Justice Adrian Fisher, has on Friday September 2nd, 2022, dismissed the bail application made by counsel Pa momoh Fofanah on behalf of LAJ’s brothers and ten others.
The Magistrate court has found the convicts guilty on 2 counts of riotous conduct and disorderly behaviour and sentenced them to eighteen months on each counts. The 12th accused, Ibrahim Kabia, was, however discharged.
Counsel Pa-Momoh Fofanah launched an appeal at the High Court and applied for bail on July 19, 2022 through a notice of Motion, seeking among others, that the court grants the convict bail pending the hearing referencing section 67(21) of the Court No.31, and the application was supported by the appeal ants affidavit.
Justice fisher in his ruling stated that the appellants, among the issues highlighted by counsel, relied on the entirety of the affidavit and argued that the two grounds that formed the basis of the appeal are not summary offences.
He said they also pointed out that the appellants are first time offenders with good grounding and prospects for success, adding that the respondent has nothing to lose granting them bail.
Justice Fisher said he had listened to argument by both counsel and looking into the law in which bail should be granted pending the hearing.
He said the counsel for the plaintiff failed to state the law that will warrant the appellant to be granted bail pending the hearing of the appeal.
He said because the appellants counsel failed to state the law that will convince him to grant the bail, he therefore stroke out the bail application and ordered both counsel to prepare their synopsis before September 14, 2022.
The convicts had gone to the Operational Support Division(OSD) headquarters of the Sierra Leone Police on 15th June, 2022, demanding to see LAJ, who was in Police custody.
The matter has been adjourned to the 20th September, 2022 for the commencement of the full hearing of the appeal.
