Ongoing Treason Trial… High Court Rejects Bail Application Of Bai Mamoud Bangura
By Fatmata Mohamed Bangura
Justice Komba Kamanda of the Freetown High Court has Tuesday 16th January 2024 denied the bail application that was submitted by Lawyer Africanus Sorie Sesay on behalf of Bai Mamoud Bangura former Minister of Youth Affairs and Organizing Secretary of the All People’s Congress Party (APC).
The application came after the trial Judge ruled on the date and time for the commencement of the alleged treason trial against Amadu Koita Makolo, Bai Mamoud Bangura and 10 others.
Lawyer Musa P. Sesay informed the court that they will not make any bail application for Koita and the other accused persons.
Lawyer Africanus Sorie Sesay made an application for the 8th accused Bai Mamoud Bangura to be put on bail, on the following grounds that he is a Sierra Leonean who have served the country to the highest level as a Minister.
He furthered that his client is presume innocent until proven guilty, stating that all what is before the court are mere allegations.
The accused he said has been hospitalized since December 2023 with a viral condition noting that he was brought to court on a wheel chair in an Ambulance.
”His constitutional rights for a fear hearing will only be fulfilled when he is well. On the 11th January 2024 a renowned medical doctor evidenced his health condition as an emergency having characterized his position and condition about hypertension and blood samples for urine,” he said.
Lawyer Sesay said the accused present medical condition is unstable, adding that it is risky for the justice system to allow such an accused to go through such trial.
The accused he said is under the supervision of the state and therefore urged the court to look at the medical report and grant bail base on that.
”I visited him at the Correctional facility and his condition is getting worst and the order for him to be treated at the prison hospital is not enough,” lawyer Sesay argued.
The medical report he said came from the prosecution and the accused has no control over and therefore pleads with the learned judge to grant the accused bail in other for him to get the necessary medical attention.
He further submitted that the judge has the power to grant the accused bail for him to be hospitalized or confined in an appropriate hospital where his medical needs could get better.
His application he said is not to delay justice but the constitutional rights of the accused so that he can prepare for his defense.
He said that the essence of bail is to ensure that the accused is present whenever he is needed in court, adding that the accused has credible people to bail him and will not in any way jump bail or interfere with the prosecution witnesses.
His application was made pursuant to regulations 1, 2 rule 5 sub rule 2 paragraph E.
The state prosecutor Lawyer Ahmed G M Bockarie in reply to the bail application made by defense Counsel said the court should invoke his discretion as in rule 11 public notice No 42.
He added that he would not want to provoke the issue under the bail regulation of 2018 which states that when the state wants to oppose should do so by an affidavit.
The issue in bail he said boarders around the medical condition of the accused but said it was dealt with by the court on the 11th January 2024 when the doctor testified to tell the condition of the accused.
According to the order, the accused he said was to be hospitalized and accorded the appropriate medical facility which he said has not been vary.
”It makes no substance to grant bail when the issue has been dealt with. I therefore submit that the court discountenance the application for bail and that if he has any medical doctor, he will be given access to examined and treat him at the facility,” he said.
Lawyer Bockarie said the Defense Counsel has not presented to the court any substantive grounds to show that the accused health condition has deteriorated as all what was shown, he said was blood pressure.
He further urged the judge to discountenance the application for bail, stating that no fresh issue was brought to court about his status as his health condition remains the same.
He further prayed that the discretion of the judge to grant bail be refused and his order for the accused to be hospitalized be complied with.
Justice Komba Kamanda in his ruling to the application for bail for the 8th accused, Bai Mamoud Bangura and the reply thereto by lawyer Ahmed G M Bockarie refused bail on the grounds that the allegations for which the accused is charge are serious.
He also ordered that the accused be hospitalized and accorded proper medical care whiles Koita and the others were ordered to be remanded in prison.
Prior to this order, the 8th Respondent, Bai Mamoud Bangura was brought to court in a wheelchair and identified by Mr Abubakarr Kargbo as per the order of the court dated 11th January 2024.
