Magistrate Steven Conteh of the Freetown court No 1 yesterday again refused bail application made by Leon Jenkins Johnston on behalf of four students of the Fourah Bay College (FBC).
The four are part of 11 students facing murder charges of one Mohamed Juana who allegedly died during a club initiation on the 20th December 2008 at the back of the Atlantic Restaurant, at Lumley Beach.
Lawyer Jenkins Johnston made his application under section 32 of the 1965 Criminal Procedures Act (CPA), which states that a person charged with murder or treason shall not be admitted to bail except by the judge. He also stated that section 79 (1) of the CPA states that every person who is charged with a criminal offence shall be presumed to be innocent until convicted or pleads guilty. Also, lawyer Jenkins Johnston quoted section 23(4) of the 1991 Constitution reiterating the same point mentioned above, stating that “the Constitution is the supreme law of the land”.
In response, the Director of public Prosecution (DPP), Oladipo Robin Mason said due to the sensitivity of the matter as indicated by the number of lawyers present in the court the prosecution intends to take a new line of action.
He further made an application for the adjournment of the matter to the 27th January, whilst advising Lawyers representing the students to apply for bail at the High Court. This application was granted by the Presiding Magistrate.
But, before granting the application, Magistrate Steven Conteh said “It is my view that at this stage the constitution and the CPA does not give me the right to grant bail”.
By Emmanuella Kallon
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