Mohamed Massaquoi alias Big Fish was past Friday,27th January 2012 released on bail for two counts charge of motor manslaughter and two counts charge of dangerous driving by Magistrate Herbert Davies Cole of the Pademba Road Magistrate Court No. 2.
Dressed in top white t-shirt and black jeans, Big Fish stood attentively inside the dock when the charge was being read to him by the Court Clerk. No plea was taken on all counts charges.
Led in evidence by Lead Prosecutor M.B. Kamara, Amara Kallon-PW1 of 10 Spur Loop, Wilberforce, disclosed that he is the elder brother of Mustapha Fofanah (one of the deceased) who was involved in motor accident along Lumley Beach Road on Saturday, 14th January this year.
He maintained that he only know the accused person as he stands before him in court at that moment as he was not around when the accident took place. He said he received a call from a family member that Mustapha was involved in an accident in which he had died and that his body had been taken to the mortuary at the Connaught Hospital.
Lawyer Tommy Harding representing the accused objected that the witness should not go into the evidence as he was not around when the incident took place and that he was relying on ear say.
But Magistrate Cole upheld that the statement made by the witness had nothing to do with the accused.
According to the witness, upon that information, he went to the Aberdeen Police Post to investigate about the accident but was referred to the Congo Cross Police Station, where he met one Mr. Gbla who went with him to the CID. They later went to the mortuary where he identified the body of his younger brother Mustapha Fofanah.
He disclosed that it was at the mortuary that Mr. Gbla asked him to make a statement on what he knew about the incident. He said he asked what was to be done next, and was told by Mr. Gbla that the matter is being investigated. He said he therefore took his brother’s body for burial in Boajibu village, Sembehun Chiefdom.
Lawyer Harding then renewed his application for bail for the accused, noting that he has credible and reliable sureties that are ready to stand on his behalf. He argued that the accused is not a flight risk and that he will not interfere with prosecution witnesses. He noted that the accused is not well known by the witnesses as proved by the testimony of one of the witnesses in court who said he has only known him because he was standing before him in court.
M.B. Kamara-Legal One objected to bail and disclosed of reports of prosecution witnesses being tampered with before the start of the matter in court, pointing out that there are possibilities that the rest could be interfered with. He also added as a case for his objection, that the accused is a flight risk.
Magistrate Davies Cole however granted bail to the accused in the sum of Le 20M (Twenty million Leones) and two sureties, each in the sum of Le 10M (Ten million Leones) to be approved by the Consultant Master and Registrar. The matter comes up on Monday, 30th January this year.
By Alhaji M. Kamara
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