By Henry Kargbo
Magistrate Sahr Kekura of the Pa Demba Road Court No1 last Friday 15 July 2022 denied bail to Rtd Colonel Joseph Sheku Jalloh and seven others during their appearance.
They include, the first accused; Rtd Col Joseph Sheku Jalloh, Saio Jalloh, Kulio Jalloh, Abdulai Kamara alias Alkaliue, Ibrahim K. Kamara, Michael Kamara alias ‘Try Man and Lansana Daramy who are standing trial for alleged riotous conduct that took place on Tuesday 7 June 2022, at Sambaia Bendugu town in the Tonkolili district northern Sierra Leone.
The accused are before the court on eight count charges, ranging from count one; in Possession of Small Arms Without License, contrary to Section 11(i) of the Arms and Ammunition Act 2012, Act No.9 of 2012.
According to the pparticulars of offence, Rtd Col Joseph Sheku Jalloh was on Wednesday 8 June 2022 at Sambaia Bendugu town in the Tonkolili district in the Northern Province of Sierra Leone, found in possession of one small arm (shot gun) without a licence, count two, Unlawful Concealment of Arms contrary to Regulation 22 of the Arms and Ammunition, Regulations 2014, Statutory Instrument No.8 of 2012. Count three, Carrying of Offensive Weapon, contrary to Section 16(i) of Public Order Act of 1965.
Giving his testimony at the hearing, the First Prosecution Witness PW1, Abass Jalloh, the junior brother to the first accused, Rtd. Col Joseph Sheku Jalloh, he knew the first accused as his elder brother from the same mother.
Abass Jalloh said he stayed in Freetown but sometime visited his brother in Sambaia Bendugu.
He recalled 7 June 2022 when he received a call from his young brother who informed him that police wanted to execute a search in the house of his elder brother.
He explained that on arrival at the place of his elder brother, the police asked him to find another person before the intended search could be conducted and added that he called one Samba Koroma to assist him, for which Mr Samba asked him why, and he then told Mr Samba that the police wanted to conduct a search of his elder brother’s house because the police claimed that some people had died.
On their way to search the house, he told the police that his elder brother only left his brother Abass, and one small boy who lived in the house. He said that the police had done previous search in the house but they did not see anything.
The PW1 further told the court that he ordered the brother to open the main door to the house, during that period the Paramount Chief, Alhaji Kulio Jalloh, together with other civilians, had already surrounded the house, as the police went into the house in execution of their search. He said whilst the search was ongoing the crowd wanted to go into the house then “I said is a valuable property in the house”.
Abass Jolloh said that he entered the house with the Crime Officer, O.C., two politicians; councillors, the Youth Chairman, Mining Committee Chairman and ten others for search.
He said the police first search the palour and room but nothing was discovered, the Youth Chairman, councillors and Mining Chairman climbed up the ceiling who searched and discovered a bag which was later handed over to the Crime Officer, and later give it to the O.C. who was seating at the parlour whilst the search ongoing.
He said that the searched continued in the other rooms but they didn’t see anything, and went into the boys’ quarter and the toilet but also found nothing.
The PW1 said that after the search was concluded, they later came to the parlour and opened the bag that was taken off from the ceiling, something in was identified as a native or (hunting gun).
Abass Jalloh told the court that the native gun was used to hunt animal, adding that after the police brought out the gun they went outside the O.C. informed the crowd that was gathered outside the house that they discovered a hunting gun, saying his father also had it, but the crowd shouted at the O.C.
He said the O.C. said that Government of Sierra Leone only allowed person to have it but the person should have a licence for it, adding that the police later told him to report to the station to make a statements. “I then asked the police what statement again?”
On arrival at the station, he said the police asked him if the bag was opened in front of him; then; “I said yes but it was a native gun,” he told the police officers who asked him at the station.
The PW1 informed that court that the police questioned him if during the search of the house was damaged, and “I told them yes, half of the house was damaged by the surrounding crowd”. He said that after police interrogations he was later released.
Defence Counsel representing the first accused, Rtd Col Joseph Sheku Jalloh, Ady Macaulay, in his cross examination of the PW1, asked that if his brother was in police custody from the first search of the house, to which he replied that the police officer never brought in his elder brother during the search.
“My brother the first accused was arrested on 7 June 2022, but other two people including S.K. and others were left in the house,” he stated, adding that on that the same day his brother was arrested, the police conducted the search. He said on his arrival he meet about two hundred people who had wanted to burn down the house.
He said his elder brother was an aspirant against Chief Paramount Chief Alhaji Forry Jalloh.
He told the defense lawyer that himself, Mr Samba, two politician councillors for the former Member of Parliament, Chief Foray, the Youth Chairman, the Chiefdom Mining Committee Chairman accompanied by ten people entered the house but the police didn’t search either both of them before they conducted the search.
He said the Mining Chairman climbed the ceiling came down with the bag that contained the native gun and handed it over to the police officer in a room were the searched was conducted whilst the other officers were at the parlour.
He said that after the bag was pullout the crime officer handed it over to the officer that was at the parlour whilst the search continued in the other rooms but “I didn’t look at what was inside the bag”.
He stated that the kitchen of the house didn’t have ceiling only zinc but all the rooms had window, adding that the two room windows were damaged in front of the police officers and before they entered into the house some damages were already accord.
In his submission, lawyer Ady Maculay applied for bail for the first accused, saying he is Rtd. Lt Col who had served the country for over thirty years and also he is a parent with six children.
Magistrate Kekura refused the accused bail, remanded them in custody and adjourned the matter till Thursday 21 July 2022. An objection was raised by the State prosecutor Ahmed Bockarie.
