By Abass Jalloh
Magistrate Mark Ngegba of Pademba Road Court No. 1 in Freetown has sentenced 43 protesters to 24 months for offence of malicious damage, 18 months for riotous conduct, 12 months for disorderly behavior, and six months for throwing missiles, and loitering after they were found guilty of committing various public order offences in the anti-government protests in Sierra Leone on 10th August 2022. The sentences are to run concurrently and should be per offence.
The accused persons, Mabinty Bangura and 54 others, were in court faced with charges ranging from 21 counts Riotous conduct, Disorderly Behavior, Malicious Damage, Insulting Conduct, Throwing Missiles, and Loitering.
Court records showed that on the stated date at various locations in Freetown the accused behaved in a riotous and disorderly manner, throwing missiles and loitering.
The prosecution also alleged that they also damaged K-Step Police Post at Calaba Town, Kissy Police Post, Congo Water Police Post, Approved School Police Post, Wellington Police Post, and many others.
In his plea of mitigation, Defence Counsel, Musa Baraytay, pleaded with the bench to temper justice with mercy for the accused who were all present in court, saying they were first time offenders and urged the magistrate not to pass a custodial sentence to them.
Lawyer Bayraytay reiterated that imprisonment would affect their wellbeing, noting that they had been under custody for about five months and had learned their lessons.
In his ruling on Monday December 19, Magistrate Ngegba stated that the prosecution had to prove their case beyond all reasonable doubts by providing all necessary elements of the offences charged.
He said the prosecution led in evidence 10 witnesses to prove their case against the accused persons.
41 witnesses testified for the defense while the 20th, 21st, 22nd, 31st, 33rd, 44th, 50th, and 54 accused persons did not, instead relying on the statements they made to the police.
The magistrate added that the evidence adduced before the court for the 10th, 13th, 19th, 28th, 29th, 34th, 36th 37th, 54th, 55th, 48th, and 40th accused were not convincing to warrant their guilt, while for the other 43 there were reasons to find them culpable.
Copyright © 2022 Politico (21/12/22)
