By Abass Jalloh
Following an objection of a search warrant document tendered in the matter involving seven accused persons charged for committing public order offences during the parliamentary bye-election at Sambaia Bendugu in Tonkolili district, Magistrate Mark Ngegba of Pademba Road Court No. 1 has ruled that the said document be used in court.
It could be recalled two weeks ago, that the defense team consistently objected to the presentation of the said document in court by the third prosecuting witness, John Lamin Foray, a Chief Inspector of Police in Sambaia Bendugu town, which included records of findings during the search of the house of Joseph Sheku Jalloh, the first accused.
Defense lawyer, Joseph Fitzgerald Kamara, was concerned as to whether the police had the right to do a search in a person's house, emphasizing on the constitutional right of privacy of the individual.
The prosecution alleged that on the 7th June 2022, the accused persons - Joseph Sheku Jalloh (1st), Saio Jalloh (2nd), Kulio Jalloh (3rd), Lansana Daramy (4th), Abdulai Kamara (5th), Ibrahim Kamara (6th), and Michael Kamara alias Trayman (7th), were arrested for allegedly committing various public order offences related to campaigning for a parliamentary bye-election at the aforementioned place.
During cross-examination on Monday 29th August 2022, the witness, Foray, stated that while he was at Bendugu there were scheduled dates for rallies with the 7th June 2022 was for the All People's Congress (APC).
When asked by Lawyer Kamara about various visits relating to the said election, the witness said on the 7th of June there was a “high-profile visit” by the Vice President, Dr. Mohamed Juldeh Jalloh, but that he could not recall the exact date, adding that the visit coincided with the APC rally.
Foray continued to say that one Robert Salia, an investigator, arrested the fifth, sixth, and seventh accused persons.
Lawyer Kamara interrogated the witness that if he knows Salia as the Secretary-General of the SLPP, but the witness said he was not aware of that.
He put it to the witness that it was because Salia is a member of the SLPP that prompted the arrest of the accused persons.
The search warrant document was labelled exhibits F and G respectively, and exhibit F was endorsed for arms and ammunition.
Lawyer Kamara further put it to the witness that the house was not the first accused's but his father’s, but the witness denied, insisting it was the house of the accused and affixed his signature to the document.
The witness said he could not recall the number of people living in that house.
The officer said during the first search the first accused was present but that he was in police custody during the second search and did not sign the document, adding that his brother gave the consent to search the house.
On the second search, Foray stated they were 10 in number and that the paramount chief was not part of the search.
He said he stood on two chairs and climbed to the ceiling where he found a bag that contained a single barrel gun.
There was no reexamination by the prosecution, saying that they would bring another witness in the next hearing.
The defense renewed the application for bail for the 7th time, noting that Monday marked 87 days since they were arrested.
The magistrate refused bail on grounds that the addresses of the accused persons are not in Freetown.
The case continues on 1st September 2022.
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