By Abass Jalloh
Justice Adrian Fisher of High Court No. 1 in Freetown has quashed the sentences handed down on LAJ’s two brothers and nine others by Magistrate Mark Ngegba for Riotous Conduct and Disorderly behaviour. Eight of them received reduced prison term while three were acquitted and discharged by the judge.
The 11convicts had earlier appealed their imprisonment following their arrest and conviction for allegedly protesting in a disorderly manner over the detention by Police of the musician.
In his ruling on Monday December 19, Justice Fisher noted that he had come to the conclusion that “the imposition of 18 months imprisonment on all the appellants was manifestly excessive, based on evidence.
It could be recalled that the prosecution alleged that on the 15th June 2022 the 11 accused, Ishmael Bah, Mohamed S. Bah, Zulaikatu Jabbie, Abibatu Sesay, Isatu Cece Kabba, Isatu Kargbo, Bintu Bangura, Ibrahim Bangura, Sulaiman Shaw, Samuel Ulaba Samura, and Ibrahim Koroma, went to the Operations Support Division (OSD) Headquarters of the Sierra Leone Police in Freetown and behaved in a riotous and disorderly manner as they were demanding to see LAJ who was being held in custody since 12th June 2022 on allegations of robbery and inflicting grievous bodily harm.
After many hearings, on the 27th June 2022, Magistrate Ngegba at the Pademba Road Court No. 2 in Freetown found the accused guilty of the offences and sent them to prison. It was against this conviction and sentence that the appellants filed appeals, appearing before Justice Fisher.
In resentencing the accused persons, Justice Fisher substituted the 18 months imprisonment to 15 for the first and the second accused who are LAJ’s brothers, noting them as first-time offenders. He also noted that having understood the circumstances and motivation of the first accused, his actions were lawless and that he had no right to demand to see his brother who was in custody, except his legal practitioner.
Justice Fisher substituted the 18 months imprisonment to 12 for the fourth, sixth, eighth, ninth, tenth, and eleventh accused who were identified at the reception of the OSD headquarters on the day of the disturbances.
The third, fifth, and seventh accused were acquitted and discharged.
The said sentences commenced on the 27th June 2022, the day they were first sentenced at the Magistrate Court.
The rapper faces four count charges including robbery and inflicting grievous bodily harm c.
LAJ was alleged to have on the 12th June 2022 at a fuel station, Congo Cross in Freetown robbed Francess Wilson the sum of OLe 2,090,000 (two million and ninety thousand Leones) and at the same date and place robbed Ishmael Kamara the sum of NLe 4,200,000 (four million two hundred thousand Leones).
He was also accused of robbing Christiana Koroma of one Tecno mobile phone valued NLe 1,600,000 (one million six hundred thousand Leones), and of maliciously inflicting grievous bodily harm on Musa Mansaray.
Copyright © 2022 Politico (21/12/22)
