$38,000 scam, all 3 accused committed for trial…

Magistrate Kumba Kamanda of Magistrate Court number 2 Freetown before ruling reminded the court of the charges before him. The 2^nd and 3^rd accused persons, (Tamba Solleh and Sunny Rogers) were charged with conspiracy to defraud by the making of false representations. While the first accused Yusulf Turray was charged on five counts. The first count was conspiracy to defraud. The second, third and fourth counts is obtaining money by false pretenses all amounting to $ 38,000 and count five fraudulent conversion all contrary to the laws of Sierra Leone

The magistrate said six witnesses including the complainant testified in the case. He said he has taken time to peruse the evidence before him, the addresses of S.K Koroma Esq, who represented the 2nd and 3rd accused. He said there was uncontroversial evidence to warrant the committal of the 1^st accused person but submitted that the second accused person be discharged because according to him, the 2^nd accused person could not have conspired with the others when he came into the scene when monies and diamond had already exchange hands. F.B Conteh who represented the 3^rd accused in his address was also on the opinion that the 3^rd accused person be discharged. He relied on paragraph 4073 under the rubric Evidence of the Ashbury Criminal Evidence and Practice which provides that conspiracy must be proved as described in the indictment. He said there is nowhere in the evidence before the court that the 3^rd accused person made any false representation. The Magistrate said in reply to this, the prosecution said they have adduced sufficient evidence to warrant the committal of all accused persons. Sergeant Jah said the 2^nd accused misled the complainant by creating the impression that he works for the G.D.D.O meanwhile in his statement, he said he was a businessman.

The Magistrate said the evidence before him was not only sufficient but overwhelming that the 1^st accused obtained the $38,000 from the complainant for purposes which were not accomplished. He said it was not a trial but a mere preliminary inquiry such that the prosecution needs only prove slightly that the 2^nd and 3^rd accused persons did conspire which they did and it is then left unto them to defend themselves in the high court. The magistrate said based on the evidence before him, the third accused only came in because of greed claiming to assist the complainant.

The charges were put to them and the 2^nd and 3^rd accused persons said they did not conspire as they were only charged for conspiracy to defraud. They as well accept to explain themselves in the high court and that they don’t have any witnesses to call. The five charges of the 1^st accused was read to him which he said he has nothing to say, he accepted he will testify in the high court and that he has witnesses to call. Bail was granted to the 2^nd and 3^rd accused persons for 100 000 000 Leones and one surety in like sum. The surety must be resident in Freetown and owner of property who must produce the property deeds and the bail conditions were to be approved by the Deputy Master and Registrar.

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