By Saio Marrah
Justice Komba Kamanda has refused bail application on medical grounds for Bai Mahmoud Bangura, the 8th accused in the ongoing treason offence case at the High Court No.1 in Freetown.
The Judge in his ruling after hearing both lead Defence and State Prosecution lawyers, Africanus Sorie Sesay for the 8th accused and Ahmed J.M. Bockarie respectively about the bail, the request was refused on grounds of the seriousness of the offence.
The presiding judge however acknowledged the medical report of the accused, which was tendered in court last week by the Police medical doctor.
Justice Kamanda noted on Tuesday 16th January 2024 that the proposition made by the defence that the medical condition of the accused had deteriorated, cannot be substantiated because the lawyer was not a medical doctor.
Lawyer Sesay earlier made the bail application on a medical basis saying the accused is a Sierra Leonean who had served as government minister.
He pointed out that as of now, the accused is presumed innocent, and that the indictments levied against him are mere allegations yet to be substantiated.
He informed the court that the accused had been hospitalized since December last year. “His condition is dire. He was brought to court today in an ambulance and in a wheelchair,” Lawyer Sesay told the court.
He added that the accused’s constitutional right to a fair trial could be upheld if his health is okay, pointing out that a medical doctor exhibited his medical report last week in court that showed the accused’s condition has not been stable.
‘’I am calling on the court to look at his medical record and grant him bail on medical grounds,” he submitted.
The defence further informed the presiding judge that since the effecting of his earlier order for the accused to be hospitalized at the correctional centre, his medical condition has worsened.
The defence lawyer further called on the court to allow the accused to get proper medical care to defend himself as a healthy person.
As an alternative, he said the court could grant him bail maybe to be confined in a medical hospital where he would be taken care of.
In his opposition to the bail application, Lawyer Bockarie told the court that the issues of bail on medical grounds had been dealt with in the judge’s order last proceeding which indicated that the accused be taken to the correctional centre where he would get his medical care.
“If he needs any medical doctor, he can access one. The correctional service will provide that,” he noted.
According to Bockarie, there is no tangible proof that the accused’s medical condition has deteriorated from the last medical report. He added that the fact that the accused has appeared in court shows there has been improvement.
It could be observed that the accused was brought into the dock in a wheelchair. His head was wrapped with a white towel.
Part of his right palm to the wrist was also seen bandaged when he raised his hand, in response to his name being announced.
The accused could not stand even though the other eleven co-accused persons got up on their feet when they were arraigned in the dock.
Bai Mahmoud is charged with three counts of treason, misprison of treason and harbouring. He is among 11 other accused persons including Amadu Koita Makolo and two women indicted on various treason-related offences.
It will be recalled that the Freetown Wilberforce Barracks Armoury was in the early hours of Sunday 26th November 2023 breached by attackers, who then went on to attack other key facilities including the two main correctional centres in Freetown. This led to the fleeing of over two thousand inmates. 18 security personnel on the Government’s side were killed, and three of the assailants also died in what the authorities later said was a failed coup attempt.
Soldiers and civilians including former President Ernest Bai Koroma are on trial in separate courts about the failed coup. The trial will continue on Thursday 1st February this year.
Copyright © 2024 Politico (18/01/24)
