By Saio Marrah
An Appeal Court Judge in Freetown, Momoh-Jah Stevens, has during the prison court session at the maximum Correctional Centre in Freetown condemned the manner in which cases were being delayed in Magistrate Courts.
The judge made the statement when he was reviewing cases being handled by magistrates from the Pademba Road Courts in Freetown. The review process was held on Saturday 7th October 2023.
The presiding judge freed 23 prisoners, most of whom have been behind bars due to delay in their trials for lack of witnesses.
Among them, Alimamy Mansaray who was standing a summary trial at Pademba Road Magistrate Court No.2 for larceny got discharged. Justice Stevens said since 10th of August this year there have been several adjournments with no witnesses.
In his words, he said there have been “marathon adjournments without any witness so I discharge the matter. I hope you find this opportunity to refine your character.”
While discharging another accused, Umaru Fornah, who was charged for stealing six shovels on 8 July 2023, at Aberdeen Road in Freetown, the presiding judge noted that only the police formal witness testified in the matter.
He said records indicate that the principal witness who is the Complainant, did not go to court and testified after three consecutive adjournments. He noted that the complainant was not serious with the case.
Responding to the concern raised by Justice Stevens, a police prosecutor pointed out that some complainants would mostly wait after police have completed an investigation only for them to inform the police prosecutors that they are not interested in the case.
He further informed the court that when a police prosecutor notifies a magistrate about such a situation, they may not listen.
Justice Stevens also recommended frequent holding of similar prison courts for dispensation of justice and to further decongest the correctional centres.
Another accused, Ibrahim Koroma, who pleaded not guilty to an offence of house breaking and larceny, was also discharged because there was no witness since commencement of the Preliminary investigation on 6th July this year. The accused was alleged to have stolen a Samsung Mobile phone valued Nle 4,000.
Two other accused, John Juana and Gibrilla Kamara were also discharged on allegation of larceny and malicious damage due to lack of witness. Justice Stevens also pointed out that the complainant was not interested in the case.
A 31-year-old Ibrahim Musa, who pleaded guilty to fraudulently converting eight thousand six hundred New Leones (Nle 8,600) to his own use was sentenced to term served.
Daniel Moseray Kamara, who was charged for breaching a contract for not completing a building construction, was discharged because the presiding judge said the case is not criminal but a civil matter.
A convict, Osman Koroma, after pleading guilty to an offence of wounding was sentenced to term already served. He earlier told the court that he had been granted bail, but he had no one to serve as a surety, noting that his father died during the course of the case.
According to him, he only has his younger sister, whom he said was too young to serve as a surety.
Peter Mansaray, who was charged with fraudulent conversion, was also sentenced to terms already served after pleading guilty to the offence. Another accused, Amadu Dumbuya who was being tried for larceny was also set free.
While other cases were remitted to magistrate courts for continuation, he ordered the speedy trial of the other cases.
This prison court session marks the completion of the 344 cases to be reviewed at that facility, which was handled by Justices Stevens and Komba Kamanda.
Copyright © 2023 (09/10/23)
