By Abass Jalloh
The Prosecution in the matter between musicians Alhaji Amadu Bah aka LAJ and the State has presented for cross-examination by the Defense, of its fourth and fifth witnesses at the Magistrate Court No. 1, Pademba Road in Freetown.
LAJ was making his 14th appearance in court yesterday following his arrest and detention on 12 June 2022 on allegations that he violently carried out a robbery at the Leonco fuel station along Water Street during an altercation between his group of friends and the pump attendants.
The fourth witness, Inspector Maurice Amara Sellu, who is attached to the Criminal Investigations Department (CID) at the Congo Cross Police station, recalled obtaining a statement from LAJ on the 12th of June 2022.
Inspector Sellu stated he obtained statements from the accused on the day he allegedly entered the filling station and grabbed the pump, then scooped 27 liters of fuel, after which he drove off with an unregistered vehicle.
During cross-examination, by defense lawyer, Madieu Sesay, the officer said he only obtained a statement and was not in a position to tell if LAJ was the driver.
The fifth witness, Alimamy Morlai Turay, a Detective Police attached to the exhibit office as Exhibit Clerk at the same police station, testified that on the same date he took note of what was under custody and tendered all documents of statements from the accused and complainants.
Detective Turay stated that he received a techno phone and the sum of four hundred and ninety thousand Leones (Le 490,000) as exhibits which he wanted to tender in court.
The defense objected that the owner of the mobile phone never came to the court to testify that she was robbed and that the complainant never appeared for the case.
Lawyer Sesay argued that the proper procedure was for the complainant to testify to the said material in court and that the proper procedure was to make them identify the said material through the complainant in court.
The state counsel, Yusuf Isaac Sesay, objected that “it is called the evidential rule” and that the witness had laid the foundation, noting that it is fit in one of the categories of person who can tender exhibits of documents and others in court and that the said mobile phone had been in the custody of the witness.
Magistrate Mark Ngegba then ordered that the phone be tendered in court because the previous testimony did not mean it should not be part of the court records.
The money was also tendered to be part of the court records.
At this juncture, the defense renewed the bail application for the accused pursuant to section 79(2) of the Criminal Procedure Act of 1965, stating that it gives the magistrate discretion to grant bail.
Having concerned over the health condition of LAJ, Lawyer Sesay also stated that the Supreme Court decision in 2018 under the Bail Regulations gives the magistrate or judge a mandate that bail must be granted by their will regardless of the application from the defense.
He said there had been proven medical reports to justify that the accused had been in a state of poor health.
Magistrate Ngegba refused to grant the rapper bail and was sent back to prison on remand.
The matter was also adjourned to the 16th of August 2022.
Copyright © 2022 Politico Online (10/08/22)
