District Medical Officer of Northern Province Dr Brima Sesay has Friday July 14 2023, made his appearance before Magistrate Isata Sellu Tucker of Court No 2. Pademba Road, Freetown, for allegedly duping a Sierra Leonean US citizen thousands of Dollars and several items, whom he failed to pay. The accused is standing trial on five count charges four count ranging from obtaining credit by fraud other than false pretences contrary to Section 13 (1) of the Debtors Act 1869 and fraudulent conversion contrary to Section 20 (1) (iv) (b) of the Larceny Act 1916.
According to the particulars of offence on a date unknown between the 5 to 31 March 2022, in Freetown with intent to defraud, obtained credit from Mariama Kamara in the sum of Five Hundred United States Dollars by falsely pretending to pay same to complainant, knowing same to be false, on count two, on a date between the 10 to 25 March 2022, in Freetown obtained credit from the said complainant pretending to pay same to complainant knowing same to be false on count three on the 15 March 2022 the accused person obtained credit from the said complainant in the sum of Twelve Thousand Leones (Le12,000,00) by falsely pretending to pay same to complainant knowing same to be false, on count four on the 12 day of May 2022 obtained credit from the said complainant in the sum of Fifteen Thousand United States Dollars for one Apple computer, Apple iPhone Pro Max and other items pretending to pay same to the complainant knowing same to be false, on count five the accused person on the 11 September 2022 the accused person fraudulently converted to his own use or benefit certain property that is to say two smart TV, freezers filled with assorted items, one barrel filled with assorted items and one tote rubber filled with assorted items all to the total sum of thirty thousand united States dollars entrusted to him by the said complainant herein. When the charge sheet was read and explained to the accused person he pleaded not guilty.
Lead in evidence Hon H. M. Gevao Esq. for the complainant, lead Prosecution Witness Number One Mariama Kamara, who lives at Hill Cut Road in Freetown, but she said she live in the United States of America as citizen and she is a nurse by profession, she said that she know the defendant Dr Brima Sesay.
She recalled the 5 – 31 March 2022, and also recalled the period on the 11 September 2022, the witness said she was living in the US with her sister, Khadija which who works with the defendant, then her sister asked her if she can give her number to the defendant. Then she said yes, and the defendant reached out to her and introduced himself as medical doctor by profession, he is not married and he does not have kid so he is looking for stable relationship.
Then she told him she cannot talk to somebody just 2 days but she will get on to him. But the defendant (Dr Sesay) requested Five Hundred US Dollars from her as he wanted to buy some provisions. The witness furthered that she gave the money to Khadija and the defendant pick it up at her resident at her Hill Cut Road in Freetown. The witness also said that the defendant asked for 200 Dollars loan as he wanted to open a Dollar account which she did.
She disclosed that she gave a written order to her bank for Fifty-Seven Million Leones which the bank deposited the money to the defendant’s account, then the defendant asked for Ten Million Leones to buy tickets for his brother to travel and Two Million Leones for his mother which she told him as along he will pay her back.
And she was about to come to Sierra Leone which the defendant asked her to buy Apple products which she bought Apple 13, Apple computer, Apple watch, Apple Air Pouch, Air Back Pack and Apple iPad and give him which cost Fifteen Thousand Dollars. After she bought the items the defendant told her he is going to pay back.
The witness furthered that she shipped 55 inches smart TV 28 inches smart TV, 2 fridges, provisions and toiletries. But the items were delivered at his resident at Wellington in Freetown. She said that there was a barrel also shipped that contained men shirts, belts, perfumes and other male items for business. She told the court that she spent Thirty Thousand Dollars to deliver.
When she arrived in Sierra Leone, she instructed the defendant to open the barrel as she wanted to give some items to her sister Khadija and she instructed him to take the balance items to her resident at Hill Cut Road, but he did not, and according to him they are in relationship and that she gave him the items out of a free will. But the witness said she did not give him any item as a free will.
She told the court that she has not received any money from the loan or the items the defendant – Dr Sesay took from her, adding that he has not returned to her neither the money. At the end of the cross – examination in chief, by defence counsel, U. D. F Sesay said; “I’m putting it to you that you have not been truthful to the court, the witness said she is truthful, and all you stated in this court is not correct the witness said it correct, you told this court that your sister told you that she gave your contact to the doctor did you asked her why the witness said yes because he was looking for relationship, were you not interested in a stable relationship the witness said she was interested in a stable relationship, at that point when you were interested with the accused person did you fall in love with him the witness said she cannot fall in love by then they communicated, you told this court that the accused person was interested in having your hand in marriage the witness said yes, were you interested in him having your hand in marriage the witness said yes she was interested, you stated that you gave him a loan of several amounts correct the witness said yes, at the time a took the loan did he stated the time he will repay the loan the witness said yes, you’ll agree with me that you didn’t have any evidence to show this court that yourself and the accused person arranged to repay the loan the witness said she didn’t have any evidence, the witness said she didn’t have any evidence because it was oral communication, did you have proof of the five hundred dollars and the two hundred dollars transfer the witness said yes but she didn’t have them with her now, you also said you gave a written transfer of the sum of Fifty -Seven Million Leones when did you make this order the witness said on the 15 of March 2022, it’s not strange for you and the accused person to be in a relationship on the 5 of March and you gave him Fifty-Seven Million Leones on the 15 of March 2022 the witness said no it is not strange and you stated that Twelve Million Leones was loan by the accused person what happened with the remaining money the witness said materials was supplied to her site, you also mentioned that iPhone 13 pro-max, iPad and the rest was send to the accused person as a gift the witness said no, you also stated that you bought several items from the United States of America and you shipped to the accused person the witness said yes.
At this junction defence counsel seek for a short adjournment date for the witness to tender the exhibit he applied for bail for and on behalf of the accused person that he is a ten years standing at the medical field he will not interfere with prosecution witness or witnesses nor will he jumped bail he has credible sureties who are willing and ready to go into recognisance on his behalf he made his application pursuant to Section 79 2 and 3 of the Criminal Procedure Act No.32 of 1965.
UFD Sesay, I Samba and K. D. Showers Esq are defending the accused and H. M. Gevao Esq. is representing the complainant. Bail application was made for and on behalf of the defendant, but the complainant’s lawyer H. M. Gevao told the court that she has heard the evidence and it is her discretion of the bench to grant bail or not. Magistrate Tucker granted the defendant bail in the sum of Fifty Thousand Leones with 2 sureties in like sum, sureties must be employed and to be approved by the DAR, matter adjourned to the 17 July 2023.
