By Mohamed Foday Conteh
Defence lawyer, Wara Serry-Kamal, representing 13 accused persons over the 18th July 2020 riot in Makeni, northern Sierra Leone has filed an application for bail at the High Court in Freetown on the 16th July 2021.
Amadu ‘Kondo’ Koroma and 12 others were arrested on the 19th July 2020 –a year ago after riot broke out between security forces and the locals over a 1.6 MW generator which was to be transferred to Lungi. They were arraigned in court shortly after their arrest on 6 count charges including conspiracy to commit a felony contrary to law, carrying offensive weapon contrary to section 16 (1) of No. 46 of the Public Order Act, disorderly behaviour contrary to section 7 of the Public Order Act, riotous conduct contrary to section 12 (a) of the same Act, throwing of missiles contrary to section 6 of the same, and malicious damage contrary to section 51 of the Malicious damage Act of 1861.
Serry-Kamal, representing the accused persons, pegged her argument primarily on the time of incarceration and the seriousness of the aforementioned crime. She said that the accused have been in incarceration for close to a year now. She decried the charge sheet by alleging that some of the charges are a duplication. She lamented in court that the matter came to the High Court after a 6 month preliminary investigation at the Magistrate court on Pademba Road, Freetown.
With the help of exhibit WSSK 1 which is the charge sheet, she argued that the first charge is incomplete as it only indicated that the accused had committed a conspiracy contrary to law without mentioning a specific law. She added that the remaining charges were all premised on the Public Order Act. She went on to read the punishments of the said charges of which the highest punishment was imprisonment for 5 years pending a guilty verdict by the judge.
Serry-Kamal also argued that the State had treated the matter with levity by drawing reference of the date of committal of the case from the Magistrate Court to the High Court. She said that since February when the matter was brought up from the lower court, there has not been a single sitting. She canvassed her bail plea on section 79 (2) (3) of the Criminal Procedure Act. She ended her plea by adducing that the said provisions with regards the mentioned charges ‘shall’ prod the court to grant bail.
In opposition to the application for bail, Yusuf Isaac Sesay, counsel for the State said although bail is the discretion of the court, yet the severity of the matter must also be taken into consideration. He said that he entirely relied on the affidavit by State Prosecutor, Solomon Christian Kekura, to argue his case. He argued that the course on which the said crimes were committed should be taken into consideration, irrespective of their level of severity.
Sesay said that bail should be refused because the said offences were grave and tantamount to the destruction of peace and an infringement on the human rights of other citizens of Makeni. He requested that the judge be cognizant of the fact that the magistrate at the lower court refused bail after 6 months of preliminary investigation. He highlighted that there is no duplication of charges while responding to the assertion made by Serry-Kamal. He said that the first charge is part of common law and need not reference a specific provision.
Justice Musu Damba Kamara, having listened to arguments and submissions made by both counsels adjourned the matter, for judgment this week.
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