Magistrate Hannah Bonnie at the Freetown Magistrate Court No.1 on Pademba Road has on Wednesday 4th November 2020 withdrawn Sheik Osman Karankay Conteh’s file following the end of the preliminary investigation of his alleged insult of Paramount Chief Koblo Queen II of Marampa Chiefdom in Lunsar. The insult followed an ongoing matter between the PC and Conteh’s father, Honourable Karankay Conteh, who is currently in remand at the Male Correctional Centre, Pademba Road over an alleged protest against the PC for which police say he was the ring leader.
The alleged protest saw a massive destruction of PC Koblo Queen’s property amounting to over Le1 billion and the alleged murder of his nephew Alie Kabia by the protesters. Police alleged that the accused, Sheik Osman Karankay Conteh, on diverse dates between 30th April and 25th June 2020 used insulting and threatening languages against the PC deemed to have reduced the PC in the eyes of the right thinking members of society.
He posted, among other remarks, on his social media that “Koblo Queen is nothing, but a big time disgrace, the matter between the Lunsar people and Koblo Queen is a boff case, this system is under our control”.
The accused denied making such a post on social media, but admitted that the phone numbers on the said Facebook account were his. Police slammed six counts charges on Conteh, among them; public provocation, making threatening remarks, sending threatening representation, making use of abusive language, all of which are contrary to several sections of the 1965 Public Order Act of Sierra Leone.
Prosecuting counsel commenced its case on 22nd July 2020, and led five witnesses – two factual and three formal witnesses. Defence counsel, before filing a no-case submission, had argued that the said posts might not have been posted by the accused, but by someone else, adding that someone else can use another’s account and post incriminating materials.
They further argued that the 1991 Constitution guarantees freedom of expression. However, the Cyber Unit of the Criminal Investigations Department showed that the phones that were used to send the insulting post on social media belonged to the accused person.
Magistrate Hannah Bonnie in her submission noted that the burden of proof rested on the prosecution to prove their case beyond all reasonable doubts, noting that the prosecution showed that the cell phone that was used to send the posts on Facebook belonged to the accused, and that the Cyber Unit also showed that the accused deleted a certain Facebook account that he was using on his phone.
She added that the prosecution was able to establish the elements of the offence committed. She therefore found the accused guilty of five counts of the initial six counts charges that were brought before the court.
Magistrate Hannah Bonnie sent Conteh, whom she had earlier granted bail, into remand and adjourned the matter to 6th November 2020 for sentencing. SKS/5/11/20
By Sulaiman Karim Sesay