“In my humble view, the picture tendered to this court as evidence represents the second accused, by this evidence the second accused used to have a bushy hair but when the matter came to court he removed his hair style, the evidence before the court is not only sufficient but overwhelming in the circumstance. I therefore, commit all the accused persons to the high court on the said charges,” Magistrate Kamanda maintained.
The defense council represented by Lawyer Pious Sesay applied for bail on the grounds that the accused persons have constitutional rights to be admitted to bail and citing Section 79(c) (6) of C.P.A 1965 as the accused persons have not yet been convicted as they are still accused persons. Adding that the presumption of innocence is clearly stated in the constitution and that the constitution is supreme than any other laws of the country.
The Prosecutor, Inspector S.Conteh reiterated that the said section cited by the defense council falls on the wrong law on the matter before the court and because of the seriousness of the matter the three accused persons should not be granted bail.
In his judgment, Magistrate Komba Kamanda ruled that the Defence Council should have cited Section 120 of the C.P.A 1965.He concluded that the matter is serious and the evidence before the court is sufficient and overwhelming therefore the three accused should be remanded in custody.
The three accused persons, Mohamed Kamara, Abu Bakar Conteh and Samuel Augustine Roath were charged of four counts of robbery with aggravation contrary to the laws of Sierra Leone.
The particulars of the offences on count one alleged that the accused persons on the 12 June 2014 at No.14 Upper Gbendebu Goderich conspired with other person unknown to commit a felony to wit robbery with aggravation. On the second count, the prosecution alleged that the accused persons did involved in a robbery with aggravation contrary to Section 23(1) (a) of the larceny act of 1916 as repeal and replace by section 20 of act no.10 of 1971.on count three the prosecution alleged that accused persons did rob one Michael Mohamed Conteh of properties worth 25 million leones and on count four the accused persons were alleged of robbing one Dories Conteh of his properties to the tune of two million two hundred thousand Leones .