By Haja Adama Kamara.
Two barristers accused of defrauding businessman Bockarie Conteh of US$114,000 in connection with three Toyota 4Runner vehicles have been committed to stand trial before the High Court after Magistrate Mustapha Brima Jah rejected their no-case submission.
Despite the commitment, both lawyers were granted bail of NLe5 million each, with stringent surety conditions, as the case proceeds to full trial.
The accused, 34-year-old Maurice Jenner Mohamed Seisay and 35-year-old John Mans, are facing charges of conspiracy to defraud, contrary to the law, and obtaining money by false pretenses through forged documents, contrary to Section 52. According to the particulars of the allegations, between November 1 and 30, 2023, at Harding Sesay and Partners Law Firm, No. 49 Dundas Street, Freetown, the accused allegedly conspired with unknown persons to defraud Conteh.
The second count states that during the same period and at the same location, the accused obtained three Toyota 4Runner vehicles valued at US$114,000, belonging to Conteh, by falsely representing that payment would be made within 30 working days, knowing this to be untrue. When the charges were read and explained, no plea was taken as the matter was before the court for committal proceedings.
Representing the State, Yusuf Isaac Sesay argued for the case to proceed, while J.M. Gengo and M.C. Nicol Wilson appeared for the defense.
After the prosecution closed its case, the defense counsel submitted that the accused had no case to answer, requesting the court to discharge them. The prosecution opposed this, asserting that the evidence was sufficient to require the accused to face trial in the High Court.
In his ruling, Magistrate Jah carefully considered the evidence, the no-case submission, responses from both sides, and relevant legal authorities. He explained that at the committal stage, his role was not to conduct a full trial or determine guilt or innocence but to assess whether there was enough evidence to warrant a trial before the High Court.
Citing Section 113(2)(b) of the Criminal Procedure Act, Act No. 8 of 2024, the Magistrate stated that a defendant should be committed for trial if the evidence is sufficient. He also outlined circumstances under which a no-case submission could succeed, such as when the evidence fails to prove an essential element of the offense, is too weak to support the allegations, or is unreliable.
After reviewing the evidence, Magistrate Jah concluded that the prosecution had established a case that required an answer from the accused. “There is a case for the defendant to answer,” he ruled, refusing the no-case submission and committing the accused to the High Court for trial.
Despite the commitment, Magistrate Jah granted both defendants bail under substantial financial and surety conditions. The first defendant was admitted to bail in the sum of NLe5 million, with one surety resident in Sierra Leone.
The second defendant received bail in the same amount, with two sureties—one resident in Sierra Leone and another who owns property of sufficient value in the country, subject to verification and court approval.
This ruling effectively concludes the preliminary proceedings, and the case now moves to the High Court, where the allegations will be fully examined and tested. The Magistrate emphasized that the decision to commit the accused does not imply guilt; both barristers remain entitled to defend themselves during the subsequent trial.
