Magistrate Abou Bhakarr Binneh Kamara of the Freetown Magistrate court No.1 on Tuesday discharged Ibrahim Turay alias bawowo for want of prosecution in an alleged robbery with aggravation matter.
Though the accused was discharged by Magistrate Binneh, he was later remanded back at the male correctional centre based on another matter he has at the high court.
The accused was represented by lawyer Lord D. Jones and J. Mans, D. Jones made an application for the matter to be discharged pursuant to section 71 of the criminal procedure act of 1965.
He noted that “my lord since the start of this matter the prosecution has not come with any witness or led in evidence, the accused is innocent until this court proves him otherwise”.
The lawyer furthered that the accused is a citizen of this country and must have his freedom. He added that “the accused is working as a professional barber and does not rely on cost from the prosecution” the lawyer averred.
After Magistrate Binneh had listen to the application he noted that “the accused has been in detention for almost three months and the prosecution has not come forward with any witness to testify. In fact an iota of evidence has not been elicited from any witness so far.”
The Magistrate maintained that “I threw out this matter for want of prosecution pursuant to section 94 of the criminal procedure act, the accused is hereby discharged.
Though the accused was discharged but was never released by the police, which prompted the defense lawyer to call the attention of the Magistrate.
And Magistrate Binneh responded that “if the accused has 30 matters in court and discharged of 29, he still has a case to answer”.
The accused was charged with two counts by the police, count one is for robbery with aggravation contrary to section 23 (1) of the larceny act of 1916, and count two is for assault, occasioning actual bodily harm contrary to section 47 of the offence against the person act.
The particulars of offence stated that the accused on Wednesday 2nd December 2016 at heddle street in Freetown armed with knife robbed Allieu Barrie of one mobile phone valued at one million eight hundred thousand Leones.
By Mohamed J Bah
Wednesday August 10, 2016
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