The legal battle between the Inspector General of the Sierra Leone Police (SLP) Mr. Brima Acha Kamara versus the interim leader of the People’s Movement for Democratic Change (PMDC) Mr. Charles Francis Margai and ten others, has ended with all eleven accused persons discharged on the original counts.
It could be recalled that the eleven accused persons, all staunch members of the PMDC, were arrested in Bo a couple of months ago on alleged charges bordering on unlawful procession, riotious conduct and threatening remarks against the motorcade and person of the Vice President of the Republic of Sierra Leone, Hon. Solomon E. Berewa, who doubles as leader of the Sierra Leone People’s Party (SLPP).
The accused persons made their first appearance in Bo a few days later at the Bo Magistrate Court, and the matter was subsequently adjourned and transferred to Freetown for further hearing.
Pursuant to their arrest, their passports and other relevant documents were demanded and duly surrendered to the police for fear that they may flee the country and escape justice.
Throughout this period, lawyers representing the accused persons and those representing the Inspector General of Police, were locked in heated legal arguments, with each side trying to have an edge over the other.
During this period lawyers representing the accused persons were of the view that the charges preferred against their clients were politically motivated and hence, were confident that the ruling will come out in their favour.
It therefore came as no surprise to observers when one of the prosecuting lawyers, Mr. M. L. Sesay, on Monday 10th July 2006, pronounced that “The prosecution no longer wishes to tender further evidence (s) in relation to the said file”.
He further submitted that the presiding magistrate discharge all the accused persons on the original charges.
Based on the said submission, the presiding magistrate, Mr. Bankole Shyllon, went ahead and discharged the accused persons on the original counts, and ordered that their passports and other documents be handed back to them with immediate effect.
Before that however, the prosecution advanced fresh charges against the accused persons in relation to the same case.
The accused persons however refused to enter plea in respect of the said new charges, arguing that the said charges represent gross inadequacies insofar as the Criminal Procedure Act and other relevant provisions of law are concerned.
Based on the new charges, the accused persons were granted a fresh bail in the sum of Five Million Leones each with one surety in like sum, plus a passport size photograph.
Even before the magistrate could finish his ruling, scores of PMDC supporters who had crammed the court room in total solidarity, had already taken out their house plans and other necessary documents to bail the leader and the other comrades.
In an interview with Lawyer Ansu B. Lansnan, the party’s interim Secretary General who also happens to be one of the defense counsels, he referred to the fresh charges as misplaced, stating that the court’s jurisdiction over the matter is limited to the original file that was transferred from BO where the matter originated.
He however expressed optimism that no matter what, victory is assured. The matter comes up again on July 21st 2006.
Photo: Charles Margai of the PMDC
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