Phillip Jimmy, who is the Second Principal Witness in the Tom Nyuma-Leather-boot saga, yesterday told the court in Bo that “I heard Leather-boot pass command to off-load Tom.”
Jimmy, who was led-in-evidence by Monfred S Sesay, further narrated that immediately after this ‘high command’ there was a massive rush at Tom Nyuma, and slaps, beating, hitting and a head butt from a gun followed.
Phillip Jimmy, explained that immediately after they hit Tom with the weapon he then decided to jump and make a grip for it but, that his efforts were futile, as he too was pounced upon, resulting in him being beaten up also.
Jimmy said he was hit, slapped and dragged to the ground whilst they tied both their hands behind their back.
In the ensuing mêlée, Jimmy testified that he lost his Wallet along with his NASSIT ID card, National I.D. Card, Driving license, Voters ID, Tax Papers and a cell-phone worth Le650,000 and his boots were also removed.
Jimmy continued that it was during the brouhaha that somebody from the opposite door shouted to them: Gentlemen, stop, leave them, Hey! The police are coming.”
Earlier on Jimmy clarified that because they were given a single room at the Guest House, he decided to pass the night with his brother at the Police Barracks, but that he had to come to the Guest House as early as possible because Tom had told them they will be leaving very early.
Upon entering the compound of the Guest House, he said “I encountered Leather-boot, who even asked me “what we were doing and also where was Tom”
He testified that he told Leather boot that Tom was in Room 4.
He testified of how his friends had called him earlier to tell him about the presence of people in APC attires in the compound.
He said he observed from a hideout in the compound what really was going on.
During this period he said “I saw somebody putting a bag, though I was a bit far off but I could tell what was in it was a weapon which was an AK47 Rifle pierced the bag and was showing outside.”
When it was the turn for the Defense, the lead-in-counsel Amadu Koroma again applied for bail though Magistrate Deen Tarawally “declined.”
Amadu Koroma, said he was applying for bail on the grounds that there were anomalies in the evidences of Tom Nyuma and Phillip Jimmy. In Tom and Phillip’s evidences he said there were contradictions as Tom had said he was attacked and beaten up, but Philip gave no evidence of such in his.
Amadu Koroma went on to say that if “bail is continually denied, the accused has already been punished before his guilty plea, and you cannot continue to punish him before the trial commences for mere allegations.”
He also argued that the court ought not to refuse the accused bail as the case will be going up to the higher courts for trial.
The prosecuting counsel argued that “this court, the high court, the supreme courts can refuse bail by itself.”
He further argued that it was unfortunate that the defense lawyer could say that the evidence of PW1 and 2 are the only ones,” because the case was in its preliminary stages.
Bail was refused, while the matter was adjourned to the 14th August, 2007.