The matter between the state versus Koita and eleven others came again at the high Court in Freetown before Justice Komba Kamanda where the matter has been scheduled to Thursday 1 February, 2023 for commencement and the eight accused Bai Mamoud Bangura has been denied bail after application was made by his lawyer Africanus Sesay.
During proceedings, state Counsel A. J. M Bockarie made an application for the eight accused Bai Mamoud Bangura to be identify before the court before his lawyers could announced their representation on his behalf.
In his application he referred to the court an order that was given by the court for Bai Mamoud Bangura to be brought before the court on a warrant and that he said has been effected.
Leading him on the warrants of arrest Inspector Abubakar Kargbo attached at the criminal investigation department said he was unable to affect the warrant of arrest dated on the 10th January on Bai Mamoud Bangura because of his health status.
At this juncture, the warrants of arrest for Bai Mahmood Bangura were tender in court and he was called and identify in court.
After that six defense lawyers announced their representation on behalf of Bai Mamoud Bangura. State counsel Bockarie made submission that in line with rule 10 of the public order act of 1965, pray that the court fix time and date for the commencement of the matter.
After his application, Justice Komba Kamanda therefore ordered that the trial should commence on Thursday 1 February, 2024 at 10:00 a.m at high Court no 1 Siaka Steven Street in Freetown.
He also ordered that the accused and their lawyers should be serving the indictment within ten days from this order.
After given the order one of the defence Counsel Musa Pious Sesay asked the learned judge if it is important to evoke section 32 of the CPA and now intend to apply for bail on behalf of the respondent.
Justice Kamanda referred him to rule 11 which says such applications they can be now.
Lawyer Africanus Sesay at this juncture rise to make an application for bail on behalf of Bai Mamoud Bangura on his health condition but state prosecutor Bockarie objected that the court has already fix time and date of hearing on the matter and so defense Counsel cannot make an application in the issue of bail.
Lawyer Africanus Sesay in reply said he made a written bail application on behalf of his client on the last adjourned date and he even serve the Prosecution team with a copy but his client was not before the court.
Justice Kamanda in his ruling said exactly Bai Mamoud Bangura was not before the court on the last adjourned date that is why he adjourned the matter and said even if he was still absent in court for today’s hearing he would still adjourned the matter.
He said so that written application should be struck out because he has already fix date and time for the matter to commence.
He therefore said he should now do an oral submission on bail application before the court and prosecution to reply.
Lawyer Africanus Sesay therefore struck out his written bail application dated 9 January, 2024 and said he will make an oral submission on behalf of the eight accused Bai Mamoud Bangura.
Making his bail application, lawyer Africanus Sesay said Bai Mamoud Bangura is a Sierra Leonean national and has served the nation to the highest level of a Minister.
He said what is before the court are mere allegation and the constitution gives right to accused who health condition is not good to be given bail.
He said his client has been hospitalized since December, 2023, adding that he was brought before the court on a wheel chair.
Lawyer Sesay further that a medical doctor has explained his health condition before the court.
His furthered that his client is still protected under section 23(1) of the 1991 constitution and asked for him to be admitted to bail because his health condition is getting worse.
He made his application pursuant to 79(1) of the CPA no 32 of 1965 and rule 11 of the public notice act of 1961.
He added that on 11 December, 2024 the medical doctor of police hospital tender the medical report of his client and the content in it said that his client passes blood urine and stool and his condition he said is unstable.
He said it is risky for the justice system to allow such accused to stand trial under such circumstances.
He further that he visited his client at the Male correctional facility and his situation is getting worst.
He therefore prayed before the court that his client be admitted to bail to have proper medical care.
State counsel Bockarie in reply evoke rule 11of the public notice act of 1961 saying that should be dealt with under the purview of the judge.
He said the issue raised by defense Counsel Boarders around the health status of the accused and that has been dealt with by the court.
He said the court order that the accused been transferred to the Male correctional facility for proper treatment and that has been enforced.
He continues that the issue raised by defense Counsel speaks about the health condition of the accused and that has been properly dealt with by the court on 11 January, 2024.
He further that looking at the accused he has seen improvement on his health.
He further that if the accused has a medical doctor to treat him apart from the ones at the correctional facility he will be given access to treat him.
He submitted that the court refused bail on behalf of the eight accused Bai Mamoud Bangura.
At this juncture, lawyer Africanus Sesay sought leave from the judge that defense Counsel raised free issues while objecting to the bail application he made on behalf of his client. He said that the court order his client to be taken to the Male correctional facility so that the court can have jurisdiction over him on the allegation levied on him.
He also said that state prosecutor said that his client is looking better which is not the case as his client is brought to court by an ambulance and he is on a wheel chair.
Lawyer Bockarie reply that the point he made are not new, adding that throughout defense bail application nothing fresh came up but still medical condition which has been dealt with.
He said that he only express his concern that the accused is looking good and his health condition show massive improvement.
Justice Kamanda said that he has listen to the bail application made by defense Counsel on behalf of the eight accused Bai Mamoud Bangura and also read through the medical report and have taken into consideration the seriousness nature allegations against the accused.
He ordered that the application for bail on behalf of Bai Mamoud Bangura is refuse.
He also ordered that Bai Mamoud Bangura be accorded appropriate medical facility. He also ordered that the trial that has already stated in the previous ruling is slated for Thursday 1st February 2024.
He also ordered that all the other accused to be remanded in custody.
