The High Court of Freetown has on Tuesday resumed sittings with a call over session of over 30 cases called by the Chief Justice Umu Hawa Tejan-Jalloh.
The cases among were Criminal, State matters including the Fourah Bay College student murder case.
The ten FBC students were charged with one count of man slaughter in which they pleaded not guilty.
According to their particulars of offence, on the 21st December 2008 at the Atlantic beach Lumley unlawfully killed Mohamed Juana during an initiation in to the Island Club.
ND Tejan Cole who is representing the 3rd accused (Bolegeh Nicol) applied for bail stating that bail can be applied for at any time. Bail was refused and the matter was adjourned to the 17th September at the High Court for further hearing.
At Magistrate Steven Conteh’s court no 1, the poachers who were charged with illegally entering in to the countries water, and illegal fishing who were re-arrested after they had paid their fines on the grounds that the court had to amend some administrative irregularity were again brought to court and sent to Pademba Road Prisons though they are not accused persons.
Magistrate Steven Conteh in settling his administrative error said the person in the dock had an alternative which is to either pay their balance fines according to the fisheries Management and Development Act 1994 as amended 2008 or 2 years imprisonment.
Defense council headed by Solomon Jamiru in his application stated that there is no provision under section 21 of the Fisheries Management and Development Act 1994 as amended 2008 regulation for the crew to have an alternative of an imprisonment.
The Legal Representative further stated that as for them the defense council called it a blatant irregularity which he said is double jeopardy on the accused.
He said according to the Criminal Procedure Act, a person cannot be convicted twice for the same offence and also said the court has power to send any person brought before it to any place of safe custody. He stated “I respectfully apply for my clients to be sent to their vessel as they are suffering unnecessarily because they are not accused persons as I will always say”.
“I will respond to your application on the next adjourned date. Take them back to prison” the Magistrate ordered. The matter was adjourned to the 17th September.
By Emmanuella Kallon
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