Mamoud Kamara a resident of Grafton was yesterday refused bail when he appeared before Magistrate J O Wellington at Magistrate court No 2 on two count charges relating to conspiracy and robbery with aggravation.
Defence lawyer Ansumana Ivan Sesay in his plea for bail stated that with the offence of conspiracy the prosecution must prove two essential evidences relating the accused directly to the crime. And also in the issue of robbery with aggravation the prosecution must also prove two essential evidences directly relating the accused to the offence. But on both charges the prosecution failed to provide substantial evidence against the accused. As a result he asked that the accused be discharged.
He further submitted that five witnesses had been cross examined but none of them gave information directly linking the accused person to the crime.
He also submitted that even the watchman who was among the five witnesses did not recognize the accused as one of the robbers who tied him before the robbery.
The lawyer further submitted that according to the prosecution it was stated that the accused robbed Global Communication Network Partnership House at Grafton. He went on that Gabriel Herereh was not robbed and he was sleeping when the incident occurred. He only woke up when the watchman blew his whistle. As a result of that Lawyer Sesay submitted that the particulars are wrong in terms of robbery.
In relation to the accused being armed with a gun, lawyer Sesay submitted that no one among the five witnesses attested to that claim even the watchman who was tied by the armed robbers and the prosecution also failed to provide adequate evidence against the accused person on the alleged offence.
Finally lawyer Sesay submitted that it is clearly stated in cross examination that the complainant is Donald Sidique.
After listening attentively to the submissions made by lawyer for the accused Magistrate Wellington stated that he will not grant bail to the accused person.
The matter comes up on the 8th March 2011
By Alhaji Manika Kamara