By Mohamed T. Massaquoi
A High Court in Freetown has granted bail to Karamoh Kabba and 22 other members of the main opposition All People’s Congress (APC) party on trial for alleged riotous conduct.
The opposition operatives are being tried for their involvement in violent clashes on July 29, 2019 at Hamilton Village during a political rally ahead of the cancelled August 24 by-election in Constituency 110.
They face 22 counts including conspiracy to commit riotous conduct, malicious damage, disorderly behavior, wounding with intent and throwing missiles.
The case which had been before Justice Hannah Bonnie of the Pademba Road Magistrate Court Number One was suddenly moved to the High Court on Friday August 30, when they made their fourth court appearance about a month after their detention.
Justice Simeon Alieu granted bail to each of the accused persons on Le 200 million bail bond with one surety. Each accused was also required to produce a proof of address of residence in the Western Area.
Kabba, who is the party’s Assistant Organising Secretary, alongside former MP Dauda Kallon, Victor Romeo Doherty and Mohamed Jalloh, were separately requested by the judge to submit to the Master and Registrar all relevant travel documents in their possession, and to produce bank statements.
According to court documents, the case was transferred to the High Court upon an application filed in by State prosecutors.
Before granting bail to the accused persons, Lead State prosecutor Y. I. Sesay cautioned the judge to consider the nature of the cases before making a decision.
"We are not opposed to bail, however, we respectfully draw your attention that when exercising a discretion consider the nature of the offences. The accused persons are charged not only with Public Order offences, but they are charged with the charges of wounding with intent, malicious damage and conspiracy. These are indictable offences whose penalties are great," Sesay said in court.
The judge told the Lead State prosecutor that he should not be reminded of what to do.
"I know what to do in the interest of justice," he said.
Lead defense lawyer, Melron Nicol-Wilson, whiles pleading to the judge for bail to be granted, said: "the accused persons standing before you here are very credible Sierra Leoneans and ordinarily resident in the Western Area of the Republic of Sierra Leone. They are entitled to the presumption of innocence which is their constitutional rights. “And it is also important to note, my Lord, that the 18th accused person has compelling medical reasons for which documents were provided during the preliminary investigations and for such, considerations were made and I now provide it to this court."
Nicol-Wilson added that the other accused persons had been incarcerated for slightly over a month, noting that the judge should not fear granting bail to all of them and referring to their presence in court despite the short time of notice as a manifestation that they would be available in court as demanded.
Whiles the judge challenged him on granting bail to those with travel documents, Melron Wilson said none of the four accused persons with travel documents were a flight risk. Their warrants of arrest were executed at the Freetown Pademba Road Male Correctional Center except for two: Mamie Pastor Kamara and Victor Romeo Doherty for medical reasons.
The High Court Judge Simeon Alieu adjourned the matter to Wednesday 18th September this year.
© 2019 Politico Online
