By Henry Kargbo
Magistrate Mark Ngegba of Pademba Road court No.1 yesterday 12 September 2022 told the bench that he was not in a position to give bail to the All Peoples Congress party Member of Parliament MP Mohamed Bangura and Chairlady Madam Yabom Sesay.
The accused persons again made another appearance before Magistrate Mark Ngegba in Freetown on a five-count charge to wit assault on police, insulting behaviour, intimidation, riotous conduct and obstruction of police duty.
The offence states that on 11 June 2022 at Mathora Village, Khalifa Rowala Chiefdom in the Tonkolili District, North East Region of Sierra Leone, assaulted Regional Police Commander Gabriel G.M.T Tommy whilst in due execution of his lawful duties.
On count two at the same place and date, the accused persons did use insulting words to the annoyance of the said Gabriel Tommy in order to provoke him to commit the breach of the peace. On count three, the accused persons did wrongfully and without legal authority intimidated Gabriel Tommy by threatening to hit him with his vehicle. Count four states that the accused persons behaved in a riotous manner and count five states that the accused persons obstructed the Police Regional Commander Gabriel Tommy whilst he was executing his lawful duties.
The charges were read and explained to the accused persons and they pleaded not guilty.
Testifying in court, Second Prosecution Witness (PW2) Regional Commander Northeast Region AIG Gabriel G. Tommy narrated some of his duties and recognised both the accused in the dock and recalled the aforesaid date.
He said that on that day he moved from Makeni in the morning hours to Magburaka based on a discussion he had with the second accused, adding that the Vice President Juldeh Jalloh was on a walking visit since 9 June 2022 in Sambaia Bendugu, Bumbuna, Feregbeya axis respectively.
He told the court that on 10 June 2022 he was informed that the APC party were having rally, adding that he called the second accused and told her to schedule the rally on 11 June 2022.
PW1 stated that he was aware that the Vice President was there and he went and instructed his men to mount a checkpoint at Mathora and whilst at the checkpoint, the second accused arrived there in her vehicle, and prior to that he had told his officers to search any vehicle that would arrive at the checkpoint.
He said the vehicle was searched by his bodyguards and James Sesay who told him that the vehicle was carrying the second accused, and she immediately alighted from the vehicle followed by two men and two ladies and when the second accused reached him she asked him to open the checkpoint for them to pass, saying that the day was there turn to rally and that nothing would stop that.
He narrated that the second accused said she would bulldoze and the war SLPP needed would begin there, adding that he tried to talk to the second accused but she was adamant and angry and those following her started using threatening remarks to remove the checkpoint and the number of people at the checkpoint started increasing and he called at Makeni for a reinforcement.
He said the security situation at the checkpoint became very tense as the number of APC supporters increased and one of those he saw among the crowd was the first accused Mohamed Bangura.
PW1 said that he was standing in the middle of the road at the checkpoint and they were demonstrating and chanting that there would be war and they would clear any one that would go there way, adding that he told the second accused not to have said that but she insisted by all means to pass through checkpoint.
He said the first accused went closer to him and put his hand on his neck and while other Honorables including other stakeholders of the APC arrived and subsequently Samura Kamara and Osman Yansaneh arrived.
He said Samura Kamara talked to him to step aside and asked him why he was refusing to let the people to pass and he responded that it because of security reasons being that the vice president was at that axis.
The witness testified that the crowd immediately removed the checkpoint and they passed through and whilst he was standing in the middle of the road the vehicle AMF 852 that was in front of him hit him while the crowd of people uttered all sorts of insults and threatened hit him.
He said that both accused when in the vehicle AST 632 used insulting words against him and a certain lady that was with them in the back seat ordered Jalloh to ride over him, saying to the other people that if they didn’t hear “Mohamed instructing you to go”, adding that the driver therefore drove the vehicle and hit him on his knee and he tried to stop him.
He said his bodyguard James Sesay and Inspector Kabba were on his side and the driver moved against him and rode him over and his bodyguard pulled him off from the road and the crowd shouted their APC song.
He said being concerned about the security at Feregbeya where the Vice President was, he called the Inspector to be alert and prevented the APC supporters to go beyond that point.
He said that he called the LUC in Bumbuna, who came to his rescue and ensured the place was safe and he however escorted the Vice President out of his region, adding that he went and made report to the Mena Police Division in Makeni where he was issued a police medical request form and same was endorsed.
Under cross examination by Defence Counsel Lansana Dumbuya Esq. for the first accused, PW1 said that he was not told that the APC were having a rally, adding that it was supposed to be informed by the Local Unit Commander (LUC). He confirmed that the Vice President Juldeh Jalloh was at Bumbuna on that day.
PW1 disagreed with Lawyer Dumbuya that the APC did not tell him that they were going to Sambaia Bendugu, adding that whether Ferengbeya is located in constituency 056 he could not tell.
He said he spoke to the ECSL and PPRC about the security of the vice president, adding that he disagreed with them that the rally by the APC party was going to be peaceful.
PW1 replied that he did not call the first accused when he arrived at the checkpoint but approached him impolitely and described the vehicle, adding that the incident occurred in the morning hours.
He further told the court that the first accused was on the road and after they hit him everything went out of control.
In continuation of the cross examination by lawyer Brima Koroma, for the second accused, PW1 confirmed that he prevented the APC supporters from going about their rally and that it was for the remarks of the second accused on 10 June 2022 which made him to mount a checkpoint.
He said the second accused told him that they were going on a rally at Constituency 056, adding that Bumbuna was peaceful but there was tension there. Furthermore, PW1 affirmed that the PPRC regulates the activities of political parties inclusive of rallies and electioneering campaigns.
He argued that in terms of security threats, the police involved into political activities. He also confirmed that the second accused used insulting words against him, adding that she prevented him from doing his lawful duties.
In continuation, PW3 Inspector Ibrahim Kabba attached to the Makeni police division led in evidence by Lawyer Yusuf Isaac. PW3 Sesay said he knew PW2 as his boss and regional command east.
PW3 also recognised the accused persons and further recalled 11 June 2022, adding that on that day he was at home when he received a telephone call from superintendent Ngaya.
He said based on the information, he left for the station and that on his arrival he met Superintendent Ngaya who informed him that they had special duty at Mathora.
He added that the VP was at Bunbuna and that they should form special duty, adding that himself and other police officers including Superintendent Ngaya left the station with vehicle NO SLP 170, and that on arrival they met both accused persons, AIG Tommy and other police officers at the checkpoint. He said AIG Tommy order them to man the checkpoint and not to allow any vehicle to pass through because the VP was there.
The witness narrated that they manned the checkpoint and saw Dr Samura Kamara who went to the AIG to plead with him in order to allow them to pass through, but AIG Tommy refused, saying that he would only do so after the VP had passed through. The witness said while speaking to the AIG, he saw the first accused, who came with a phone, saying that the former IGP wanted to speak to him. According to him the AIG asked the accused to put the phone on loud speaker, which he did. While they were talking, the former IGP instructed AIG Tommy not to allow any vehicle to pass through.
He said whilst the conversation was going on between Dr Samura Kamara, the first and second accused told him not to beg the AIG and they were going to use force to pass through the checkpoint.
He said that after they had made some remarks, AIG went in front of the checkpoint standing and the first accused ordered his driver to move the vehicle, “which he did in a very rushed manner”.
He said by then AIG Tommy was standing in front of the said vehicle and that “whilst moving in that rushed manner the vehicle hit AIG Tommy but by then his national security who was standing by drew him from the scene for the vehicle not to hit him”.
PW3 said that whilst they were going, they started using insulting languages on AIG Tommy and drove off.
He said they got onboard the police vehicle and went to Makeni.
During cross-examination, the witness was asked whether he would be surprised to know that AIG Tommy didn’t say that the first accused abused his mother, he said he would not be surprised, I was at the edge of the checkpoint and that he had firm instructions not to leave the edge of the checkpoint, and the only order they received was to man the checkpoint.
Asked who lifted the checkpoint, the witness said they the police were prompted to lift the checkpoint due to the speed of the first accused person’s vehicle to crush pass the checkpoint.
Magistrate Ngegba, having listened to both sides, refused bail and adjourned the matter till Thursday 15 September 2022.
