By Aminata Phidelia Allie
A defense lawyer in a piracy matter that was charged to court last week has urged the court “to throw the matter out because they have failed to handle the matter as per provisions of the copyright Act”.
Augustine Kailie Musa, lead defense counsel for three accused persons who were arrested and charged to court for allegedly violating the copyright act of 2011, made the plea whiles raising a preliminary objection to the matter being in court before Magistrate Komba Kamanda of Court No. 2 in Freetown.
“According to section 78 (1&2) of the Act”, the lawyer went on, “affected parties, that is, accused and complainants, should first of all try to settle the problems amongst themselves. Where these negotiations fail, a report should be filed to the registrar. All these have not been done and the matter is already in court but it ought not to be here. I therefore urge this court to dismiss the matter” Musa said.
He pointed out that the court was bound by law, adding “this matter is want of jurisdiction”.
Upon advice from the magistrate, prosecution asked for an adjournment so they could contact the Attorney General’s office for someone competent enough to reply to the issues raised by defense.
The defense lawyer further applied for bail which the magistrate turned down.
The accused were remanded at the Pademba Road prisons until Wednesday 29 January, the next adjourned date.
They face a 151-count charge of conspiracy, infringement, and distribution of copyright property and selling of copyright property without lawful authorisation.
The three, all in their twenties, were caught around the PZ area with well over 50 pirated Sierra Leonean movies, most of which were recently released on Saturday 11 January this year.
(C) Politico 28/01/14
