๐๐ฒ ๐๐๐ง๐ ๐. ๐๐๐ง๐ฌ๐๐ซ๐๐ฒ.
High Court Judge, Justice Aiah Simeon Allieu has delivered judgment in favour of Dr. Sao Kpato Hannah Isatta Max Kyne, Commissioner of the National Commission for Social Action (NaCSA).
Dr. Sao Kpato Hannah Isatta Max Kyne was a complainant in the criminal trial between the State against four male accused persons who are in their prime youthful age. Musa Kargbo, Daniel Sesay, Foday Sesay and Ballah Dabor were on the 20th October 2022, in Freetown, convicted after being found guilty by the trial Judge.
On the joint count of conspiracy to commit a felony to wit house breaking and larceny, the Judge did not find the accused persons guilty and they were as by law, acquitted and discharged.
The principal accused person, Musa Kargbo was charged alone for house breaking and larceny. He was found guilty and sentenced to a maximum jail term of thirteen years, instead of fourteen years as required by law.
The 2nd, 3rd and 4th accused persons were jointly charged on a count of accessory after the fact to house breaking and larceny. They were found guilty, convicted and sentenced to two years jail term each.
The convicts are to serve their jail term at the Pademba Road Maximum Male Correctional Centre in Freetown, effective from the date of the judgment.
With regards the offence of house breaking and larceny, the particulars in the state indictment sheet,ย states that Musa Kargbo, the now convict on the 10th February 2021, being a private security guard deployed to Dr. Max Kyne dwelling house at Regent Road, Hill Station in Freetown, without consent and with intent, broke and entered into the said house and stole therein cash of local currency in the sum of ย Fifteen Million (Old Leones), foreign currency of Nine Thousand, Eight Hundred United State Dollars, gold chain and jewelries valued at Ten Thousand United State Dollars and a Galaxy Mobile Phone valued at Two Thousand Dollars.
Particulars on the count of accessory after the fact state that Daniel Sesay, Foday Sesay and Ballah Dabor, after knowing that Musa Kargbo had committed the offence received, conformed, harboured, assisted and maintained him (Musa).
Pursuant to Section 136 of the Criminal Procedure Act (CPA) No. 32 of 1965, the now convicts were committed to the High Court for trial.
On the 7th October 2021, they were arraigned before Justice Aiah Simeon Allieu on three counts brought against all four. After reading the charges to them, they all pleaded not guilty.
On an application pursuant to Section 144 sub-section 2 of the Criminal Procedure Act No. 32 of 1965 as repealed and replaced by Section 3 of the Criminal Procedure Amendment Act of 1981, all the accused persons by then were tried by Judge Alone instead of a Judge and Jury.
In order to prove its case against the accused persons, the State Prosecutor, Hastings Spain led four witnesses including the complainant.
The first prosecution witness, Dr. Sao Kpato Hannah Isatta Max Kyne, in her testimony said she knows the first accused person, Musa Kargbo as a security guard working at the Adventure Security Agency.
On the 10th February 2021, Madam Kyne told the court that she left Freetown for the provinces. Upon leaving, she said she forgot to put off the electrical appliances in the houseย and to prevent an accident, she handed bundles of the house keys to Musa Kargbo, her security, who she said she trusted so much, to an extent of him (Musa) being the only security she gave free access to her house. Based on the confidence and trust she had for Musa, she instructed him (Musa) to open the rooms and put off all electrical appliances in the house. On the 13th February 2021 Dr. Kyne said her personal security gave her information of Musa Kargbo. According to Dr. Kyne, she tried to reach Musa on his mobile phone, but could not get him, she further enquired as to whether he left the keys, but her personal security answered in the negative.
The witness said she alerted one Mr. Tommy, a Police officer and upon arrival at her house, she entered the kitchen and noticed it to have been ransacked with all doors to the house widely opened and items dislocated from their original place.
She then ran into her bedroom and noticed it to be damaged with the safe removed from its original place. She expressed shock and shouted for help, and immediately contacted the Congo Cross Police Station.
Police officers later came to the crime scene and took photos and then presented all that were missing in her bed room. With Musa’s mobile phone IME number, officers from the Cyber Unit of the Criminal Investigation Department (CID) Headquarters in Freetown went in search of Musa Kargbo in Guinea.
And with the support from INTERPOL, all four convicts were arrested by Guinea security personnel and handed over to the Police officers from Sierra Leone for investigation.
Musa Kargbo after committing the offence, left the scene of crime, collected by Daniel Sesay (2nd accused) with a bike from the said house.
They left Freetown for Makeni where they were received by Foday Sesay (3rd accused). In Makeni, they agreed to travel to Guinea where they were issued with Guinean passport and a visa with a ticket to Dubai. But Foday Sesay was unlucky to get a visa.
As per the tickets, they were supposed to travel to Dubia on the 15th March 2021, but they were arrested on the 13th March, 2021.
During the trial at the main Law Courts Building on Siaka Stevens Street, and at the close of the prosecution case, the accused persons then relied on their confessional statement made to the police.
“This is the end of the case, it will be hard for you to recover all that you have lost, but you have got justice and I hope you have learnt your lesson,” Justice Aiah Simeon Allieu stated.
Justice Allieu went on to commend the Sierra Leone Police, particularly the Cyber Unit and INTERPOL for their pro-active action.
