The Leader and Chairman, and Presidential Candidate for the Alliance Democratic Party (ADP) Mr Mohamed Kamarainba Mansaray has on June 7th,2017 been arraigned before the presiding Magistrate, George B. Samai of the Kailahun Magistrate Court in Segbwema Town on three count charges.
The ADP leader stood trial for “Unlawful Possession of A Stun Gun”. The Leader and Chairman pleaded not guilty to all three counts.
In his testimony, the Assistant Superintendent of Police (ASP), Foday Suma introduced himself as the Operational Commanding officer of the Daru divison, as usual he says he was on duty on the 27th May, 2017 when the bye election was conducted in Segbwema Town.
He went on to say that he and his superior, the Local Unit Commander Mr Kargbo, had a mission to visit the ADP ward-councilor Bye-Election candidate one Madam Jenneh. “When we got to her house, we found the accused (Kamarainba) in a round table conference with the candidate and other members of his party at that time . ASP Suma further explained that the LUC asked about the stun gun which was on the table, the accused then quickly removed it from the table and place it under the table. “The LUC then took the stun gun from him and gave to me, I in turn handed it over to the crime officer of the Daru Division. On that faithful day we invited Mr Kamarainba to make statement to the police, but he declined.
The stun gun was marked as exhibit “Z” and was tendered in court for all to see.
Mr Kamarainba was represented by eight legal practitioners; Lead counsel Alex Mugbae Musa Esq, Emmanuel Saffa Abdulai Esq, V.I Lansana Esq, F.Gevao Esq, P Square Esq, Jusu Kallon Esq, Tamba E Bundor Esq, P.I Bangura Esq.
During the cross examination, the prosecution witness, ASP Suma, was crossed examined by Lawyer Emmanuel Saffa Abdulai. Mr Emmanuel saffa Abdulai asked the witness about his years of service in the force. The prosecution witness stated that he has 33 years of professional experience in the Sierra Leone Police Force, was trained at the Police Training School at Hastings and later in Samu where he had opportunity to be trained in combat-drills. He further explained that he are trained in different armoury education and techniques like pistols, AK47s, cannons, mortars, to name but a few.
ASP Suma then proceeded to say he is a ballistic expert, owing to the training he had and his number of years in service.
Emmanuel Saffa Abdulai Esq asked the witness as to whether he is aware of the country’s small arms legislation of 2012. The ASP responded in an affirmative way. When asked by the lawyer to read from the relevant section that deals with small arms, Mr Suma could not read in court as he had forgotten his reading glasses.
The section was then read by the court clerk of the Kailahun Magistrate court. Lawyer Abdulai adduced to the bench that in the small arms legislation of Sierra Leone, stun gun is not mentioned as a *heavy weapon, fire arms, projectile ammunition, light weapon* etc.etc.
The lawyer argued that the charges under which Mr Kamarainba is tried are not proper and hence misdemeanor, Lawyer Abdulai asked Mr Suma to show his expertise to the court as he claimed to be a ballistic expert by dismantling the said stun gun allegedly. Jokingly, the magistrate did not allow Mr Suma to do so, saying he does not trust his expertise.
Lawyer Abdulai allowed the lead counsel, Lawyer Musa to make application for bail. A.M Musa Esq then submitted to the bench that the criminal procedure act of 1965 section 79, subsection 2&3 are clear on granting the accused bail as he is presumed innocent before conviction. He also cited section 23, subsection 4 act # 6 of the 1991 constitution, that it is Mr Kamarainba’s constitutional right to be granted bail as outline in section 23 subsection 5 paragraph B.
The presiding Magistrate ruled that Bail is a basic human right before conviction and therefore granted bail to the ADP leader on his own *recognizance*.
The matter has been adjourned to the 21st June 2017.