The Magistrate Court No. 1 in Freetown has encountered a standstill in a wounding case due to the absence of a key prosecution witness.
The defendants, Momoh Amara Sesay, aged 43, and Ishmael Kargbo, aged 24, are undergoing a preliminary investigation and appeared before Magistrate Sahr Kekura facing two counts of wounding and wounding with intent.
The defendants refrained from entering a plea as they were present for preliminary proceedings.
On 10th October 2024, in the locality of Madina Phase Three, Charlotte Village, Freetown, Sesay and Kargbo allegedly caused intentional harm to Ibrahim Jalloh.
Upon the defendants’ presence in court, Assistant Superintendent of Police (ASP) Ibrahim Sheik Mansaray informed the Magistrate that the prosecution was unable to proceed due to the absence of their witness, subsequently requesting an adjournment.
Prior to the adjourned date, Defense Counsel S. Bangura submitted a bail application on behalf of both defendants. He emphasized that both individuals are citizens of Sierra Leone and have trustworthy sureties prepared to provide recognizance.
While acknowledging the gravity of the charges, the Defense Counsel noted that these are bailable offenses and asserted that the defendants do not pose a flight risk, given their lack of a visa passport.
He emphasized that both defendants possess a stable residence and assured that, if granted bail, they would maintain peace and order.
The legal representative further argued before the bench regarding the presumption of innocence as provided in the 1991 Constitution.
In advocating for the discretion of the bench to grant bail, he declared that denying bail would undermine the integrity of the judicial system, particularly in light of the prosecution's inability to present their witness.
Nonetheless, Magistrate Kekura dismissed the bail request and the assurances provided by the defense. The accused were remanded in custody, and the matter has been adjourned until 20th November 2024.
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