Magistrate Kekura, at Pademba Road Magistrate Court No. 4 on Wednesday 12th August 2020, granted bail to accused Thomas Sandy on trial for a confrontation with an unidentified police officer who was not in uniform. Police alleged that on 5th July 2020 at Lumley roundabout along the NP petrol station in Freetown, the accused unlawfully parked his kehkeh in the middle of the road blocking police vehicle SLP-142, and confronted, fought and hit the driver (Peter Kamara), who happened to be an unidentified police officer on the forehead. Sandy was up on three counts including wounding with intent, wounding contrary to Section 20 of the Offences Against the Person Act 1861, and assault occasioning actual bodily harm contrary to Section 47 of the same Act.
In his statement, complainant Peter Kamara said on his way from a funeral at Goderich with his wife on Sunday 5th July 2020 around 9 pm, “I met Thomas Sandy at Lumley round about in his tricycle/kehkeh. I came down the police vehicle I am driving – I was in my police uniform and approached him and informed him that ‘you have blocked my way’ and knocked on his kehkeh. He rushed at me and choked my throat and hit my face. I was in deep pain after sustaining a wound and started bleeding. My eyes became dark and were unable to see clearly.”
He continued, “I was with my wife, and I grabbed the accused and took him to the Lumley police station where I made my report.” Kamara said he was given a medical exam document after which he proceeded to the Connaught Hospital. The complainant said pictures of his injuries taken after the ordeal will be made available for evidence.
During cross-examination, defence counsel Sylvanus Kanyako was eager to know what the driver was doing with the vehicle at that time of the night. In response, Kamara said he was from a funeral with family members. Asked if they were in the same lane and if he knew about the accused’s fractured hand, Kamara answered yes and no respectively.
Magistrate Kekura then cross-examined both the complainant and accused to get an indepth and clear view of the matter. The accused said the officer had been bullying him since 5th July 2020, adding Kamara rushed at him, flogged him with cane, and hit his head causing him to fall. He said he was then taken to the Lumley police station.
“At the police station I was denied making my own statement and was detained for two days. Then my hand started swelling at the Lumley police cell. In the morning hours the crime office came to inspect and saw me in this condition and asked for my release.” He said he made a statement, was granted bail and given medical papers for treatment. Sandy told the court he then proceeded to the hospital and was asked to do an X-ray, which he did and the result revealed a fracture.
“It only came to my notice after the medical treatment that my right hand was fractured.” He added that the officer was not wearing a police uniform. After church on a Sunday, Sandy said he received a call from Lumley police station to be there the following Monday, which he did.
He said he was detained again, the matter charged to court, and was further detained at the correctional centre. Cross-examining the complainant, Magistrate Kekura said, “Let me get this clear: you said your eyes were dark, how did you reach the police station when you said your eyes are dark and not clear?”
The complainant said he was assisted by another policeman “together with my wife”.
Magistrate Kekura was, however, not convinced that the officer was uniformed as riders and drivers are afraid of police officers in uniform and do not confront or challenge them. Then the complainant then confessed, “Though I was not fully dressed in my police uniform, I did put on a lacost top with my police trouser’.
After the complainant’s confession, Magistrate Kekura said, “I would have sent you down if you were not a police officer. It’s just because of that I am granting you mercy, but you want to see the accused go down just like that. It is unfair on his part.” The Magistrate said because the complainant is a police officer does not warrant or give him the right to bully accused or any other person. “We are equally under the laws of the state. I am unhappy with you for taking the law into your hand.”
Sylvanus Kanyako and co-defence counsels pleaded for bail for their client, who was granted bail for Le20 million and two sureties with an identity card each and must produce him whenever needed.
The prosecuting officer is Sergent 8811 Wilson attached the court No. 4
Magistrate Kekura adjourned the matter to 19th August 2020 for further hearing.
By Mohamed Samba Kamara