By Morlai Sesay
Justice Komba Kamanda of the Freetown High Court Bai has on Tuesday, 16th January 2024, denied the bail application that Lawyer Africanus Sorie Sesay made on behalf of Bai Mamoud Bangura, former Minister of Youth Affairs and Organizing Secretary of the All-People’s Congress Party.
The application came after the trial Judge ruled on the date and time for the commencement of the alleged Treason Trial against Amadu Koita Makolo, Bai Mamoud Bangura, and ten others.
Lawyer Musa P Sesay informed the court that they would not apply bail to Koita and the other accused.
Lawyer Africanus Sorie Sesay applied for the 8th accused, Bai Mamoud Bangura, to be put on bail on the following grounds: he is a Sierra Leonean who has served the country to the highest level as Minister.
He further that his client is presumed innocent until proven guilty, stating that all that is before the court are mere allegations. The accused, he said, has been hospitalized since December 2023 with a viral condition, noting that he was brought to court in a wheelchair in an Ambulance.
'' His constitutional rights for a fear hearing will only be fulfilled when he is well; on the 11th of January 2024, a renowned medical doctor evidence that his health condition was an emergency, having characterized his position and condition as hypertension and blood samples for urine", he said.
Lawyer Sesay said the accused present medical condition is unstable, adding that it is risky for the justice system to allow such an accused to go through such a trial.
The accused, he said, is under the supervision of the state and therefore urged the court to look at the medical report and grant bail based on that.
'' I visited him at the Correctional facility, and his condition is getting worse, and the order for him to be treated at the prison hospital is not enough,'' lawyer Sesay stated.
The medical report, he said, came from the prosecution, and the accused has no control over it and, therefore, pleads with the learned judge to grant the accused bail so he can get the necessary medical attention.
He further submitted that the judge has the power to grant the accused bail to be hospitalized or confined in an appropriate hospital where his medical needs could improve.
He said his application is not to delay justice but the constitutional rights of the accused so that he can prepare for his defense.
Section 79 sub-section 1 Act No 32 of 1965, he said, gives the judge the power to grant bail for such offense under the public notice rule 11 of 1969.
The essence of bail, he said, is to ensure that the accused is present whenever he is needed in court, adding that the accused has credible people to bail him and will not in any way jump bail or interfere with the prosecution witnesses.
His application was made pursuant to regulations 1, 2 rule 5 sub rule 2 paragraph E.
The state prosecutor, Lawyer AG M Bockarie, in reply to the bail application made by the defense Counsel, said the court should invoke his discretion as in rule 11 public notice No 42.
He added that he would not want to provoke the issue under the bail regulation 2018, which states that when the state wants to oppose, it should do so by an affidavit.
The issue is bail. He said it borders around the medical condition of the accused but said the court dealt with it on the 11th of January 2024 when the doctor testified to tell the condition of the accused.
According to the order, the accused he said was to be hospitalized and accorded the appropriate medical facility, which he said has not been varied.
'' It makes no substance to grant bail when the issue has been dealt with; I , therefore, submit that the court discountenances the bail application and that if he has any medical doctor, he will be given access to examined and treatment at the facility,'' he stated.
Lawyer Bockarie said the defense Counsel has not presented to the court any substantive grounds to show that the accused health condition has deteriorated as all that was shown, he said, was blood pressure.
He further urged the judge to discount the application for bail, stating that no fresh issues were brought to court about his status as his health condition remains the same.
He further prayed that the judge’s discretion to grant bail be refused and his order for the accused to be hospitalized be complied with.
Justice Komba Kamanda, in his ruling on the application for bail for the 8th accused, Bai Mamoud Bangura, and the reply by lawyer AG M Bockarie, refused bail on the grounds that the allegation for which the accused was charged was serious.
He also ordered that the accused be hospitalized and accorded proper medical care while Koita and the others were ordered to be remanded in prison.
Before this order, the 8th Respondent, Bai Mamoud Bangura, was brought to court in a wheelchair and identified by Mr. Abubakarr Kargbo as per the court order dated 11th January 2024. The accused was arrested on three counts: Treason, misprison of treason, and Haboring.
The state prosecutor, Lawyer Ahmed G M Bockarie, applied for the order dated 11th January 2023 to be granted and a date and time to be fixed for the trial. He added that they are committed to complying with rule 17 and the order in rule 10, public notice No. 42 of 1969.
Justice Komba Kamanda, having listened to the state prosecutor, ruled that the trial be held on Thursday, the 1st of February 2024, at 10. am Main Law Court No1 building Siaka Stevens Street Freetown.
He also ordered the accused persons to be served the indictments within 10 days from the day of the order.
It could be recalled that the 12 accused persons including Amadu Koita Makolo, Bai Mamoud Bangura, Mohamed Jalloh, Sergeant 10020 Emmanuel Salifu Kamara, Ramatu Kamanda Conteh, Alimatu Hassan Bangura, Hassan Leigh, Mohamed Woodie, ASP Ibrahim Sesay, Tamba Yamba, Kabba Kamara, and Abdul Sorie Hassan Kamara were dragged to court for treason, misprision, Haboring and other related offenses contrary to the laws of Sierra Leone.
The defense counsel for all the accused persons was Lawyer M P Sesay, MN Kamara, AS Sesay, Ade Macauley, B Koroma, AA Bah, SA Conteh, and batteries of other lawyers. The Director of Public Prosecution O Kanu, AGM Bockarie, AV Vandi, and others represented the state.
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