By Mohamed Foday Conteh
Justice Monfred Momoh Sesay has denied bail to 16 men accused of robbery, conspiracy, rape and sexual violence at the High Court in Freetown after the prosecution led in two factual witnesses.
Amadu Turay, Abdul Gibao and 14 others were on the 17th August 2021 arraigned in court on 14 count charges all contrary to the laws of Sierra Leone.
The prosecution led in one Martha Lahai one of the victims of the alleged crimes. In her testimony, she told the court that she was at her 8 Bo Road, Salina,Moyamba home with her mother one Reverend Jane Lahai on the 19th May 2019 at around midnight when they heard wailing outside the compound. She said when she went out of her room to ascertain where the noise was coming from, she met her mother already at the corridor.
She explained to the court how the alleged robbers broke into their home and assaulted her mother mercilessly. She said the men armed with ‘long cutlasses’ and wearing masks jerked her outside. The woman said she ran in to make some calls to the police because the men continued beating her mother. As she tried to make frantic calls from her room, the 7th accused one Thomas Willoughby crashed in and started assaulting her.
Lahai said that Willoughby was later joined by his colleagues after she removed his mask. She said she was later dragged to the guestroom where she was beaten with cutlasses on her back and that some of the men penetrated her with their fingers. She also added that one of alleged robbers threatened to rape her.
The first prosecution witness also told the court that the men took some of her personal belongings which included a BLU mobile phone valued at Le 1,500,000 (one million five hundred thousand Leones), a wrist watch costing Le 100,000, perfume and the sum of Le 1,900,000 (one million nine hundred thousand Leones). The alleged robbers also stole a motor-cycle after the 13th accused one Vandy Kamara alias Nelly took the keys.
She said that they were later rescued by the District Council Chairman, Joseph Mogba and some other men who arrived in a vehicle. She said the men fled upon hearing the sound of the approaching vehicle except for the 1st accused who was caught by one Amadu Jalloh also a tenant and an alleged victim in the said matter.
She was later transferred to Urban Centre Hospital, Kissy in Freetown on the request of the late Bishop Yambasu. The alleged victim said the police later summoned her to an identification parade at the Criminal Investigations Department (CID) headquarters in Freetown during which she was able to identify 9 of the accused persons at the said parade.
During cross-examination by counsel for the accused, Komba Kanu, Lahai told the court that she spent three days at the Moyamba Government Hospital where she made a statement of the incident to the Police. She denied allegations by the defence that she had not been truthful to the court.
The State also led in one Angela Sesay to testify. Sesay, a resident of the alleged crime scene, told the court that she saw some of the men the same night the first witness had told the court that the said incident took place. She said that the men also assaulted her and one Victoria and were both also stripped naked. She added that the said robbers also took her Samsung Edge 6 mobile phone.
Kanu, counsel for all accused applied for bail on behalf of all accused persons. In his affidavit in reply, he told the court that some of the men are bread winners and that two are students. He responded to the prosecution’s affidavit in opposition that all accused are residents of Sierra Leone and that they will not run away.
The state also argued for the refusal of bail in their affidavit in answer. Joseph A.K. Sesay, representing the state, said that the evidence adduced by the two factual witnesses had indicated the seriousness of the crime. He added that the said evidence particularly incriminated against the 1st, 4th, 7th, 8th, 9th, 11th, 12th and 14th accused persons. He added that PW1 had said that she used to live in Moyamba with the 13th accused.
The judge refused bail and ordered for all the men to be remanded at the Pademba Road Correctional Centre. The matter was adjourned for the 24th August 2021.
Copyright © 2021 Politico Online (18/08/21)
