By Francis H. Murray
Randa Skaikay, a former employee of businessman Ali Abess, was arraigned before Justice Momoh Jah Stevens of the High Court in Freetown on Monday to answer to a two-count, fresh indictment of larceny in a dwelling house and larceny by servant after an earlier case was dismissed by another judge on grounds of ‘‘defective indictment.’’
The prosecution alleges that Ms. Skaikay on diverse dates between the 25th August and the 7th September 2018, at No. 30 Bintumani Drive in Aberdeen in the Western Area of Freetown, stole 500,000US dollars, equivalent to four billion, five hundred million Leones from the complainant, Ali Abess, being her employer.
Defense lawyer, Pa Momoh Fofanah, argued that the new indictment before the court was in respect of a criminal trial which commenced in the criminal session beginning on Monday 18th May 2020, adding that the process of striking out the said indictment took away everything that hinged on it, including committal proceedings and warrants.
‘‘It is our submission that the earlier submission of the 23rd of March led to the arraignment and trial of the accused pursuant to an application by the prosecution for a trial by judge alone, dated 30th March 2020. It was during the trial of the accused that a jurisdictional objection was made about a fundamental defect in the indictment that annulled same at the High Court. Consequently, the indictment was struck out and the accused discharged,’’ he explained.
Layer Fofanah added that the current indictment has no committal proceeding or warrant to stand on for the purposes of trial, citing that a High Court ruling had struck out an earlier two-count indictment on the 23rd of March 2020 against the accused.
State lawyer, Jeneba B. Kamara, requested for an adjournment to prepare and respond to what she referred to as a ‘‘jurisdictional objection’’ raised by the defense.
In his application for bail, Lawyer Fofanah said that his client was a resident of Kenema and that she has been standing trial without being absent, adding that she was put on bail in the previous indictment. He argued that if the bail application was granted, his client will consistently show up for trial at all times.
Lawyer Kamara opposed the bail application, but Justice Stevens admitted the accused to a five billon Leone bail and or two sureties with each owing a property worth 1Billion Leones situated in the Western Area of Freetown.
The matter was adjourned to the 13th August 2020.
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