By Aminata Phidelia Allie
Two accused persons, who allegedly duped an Indian diamond dealer a sum exceeding Le 300 million for a transaction involving a 14.9-carat diamond, yesterday appeared before Magistrate Komba Kamanda.
Tamba Sulaiman Chendeka and Alhaji Musa Sheriff are being preliminarily investigated on thirteen counts of conspiracy to defraud, obtaining money by false pretences and causing money to be paid with intent to defraud Mayour Patel.
As the prosecution begged to be excused for not beginning their case because “they only met the complainant yesterday”, defense lawyer for the first accused applied for bail to be granted both accused persons.
Lawyer EasmonNgakui observed that the prosecution’s excuse of not proceeding with their case was “baseless”. He submitted that the accused persons had spent “more than necessary time in police detention”.
Quoting laws that pertain to bail, the lawyer said “the court shall grant bail unless it deems it necessary to keep the accused on remand”.
He further drew the court’s attention to its “sacred principle of presumption of innocence until proven guilty”, adding that a refusal of bail does not “amount to judgement”.
Prosecution, led by Assistance Superintendent of police, Raymond B. Dunia, objected to bail on the grounds that both accused persons had been charged with “a very serious crime involving a huge amount”.
He pointed out that the first accused had been at large for almost a year and it was only through Interpol that he was caught in neighboring Guinea. “There is every possibility that he will jump bail and go beyond Guinea if he is released”, ASP Dunia objected.
As for the second accused, the police prosecutor said he had been before the court on a similar issue and was seeing him for the first time since then.
Magistrate Kamanda asked that such a file be retrieved and tendered as evidence against the accused “as he too must be heard”. He dismissed claims of overdue detention by defense saying “that is not my business” as the defense should have taken the necessary legal steps.
“There are laws which lawyers never bother to make use of. How long an accused spends in detention in a police cell is never my concern”, the magistrate emphasized. He went on that there were procedures lawyers could follow in such cases like seeking an order from the High Court “which the IG cannot argue with”. He ordered the accused persons to be remanded at the Pademba Road prisons “due to the seriousness of the offence”.
The matter comes up again on Friday.
(C) Politico 09/07/13
