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‘Bail shouldn’t be used as a form of punishment’ – Magistrate Dr. Binneh Kamara

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‘Bail shouldn’t be used as a form of punishment’ – Magistrate Dr. Binneh Kamara


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Magistrate Dr. Abubakar Binneh Kamara of Court N0.1 in Freetown said he was mindless about public perception about his administrative and judicial procedure of granting bail to accused persons brought before him for various criminal offences, noting that he was very much confident and legally enlightened that all bail he had granted to accused persons brought before him were in consonance with the rules and procedures of the of the country’s law books.

Dr Binneh Kamara further noted that: “It is wrong and unfair for litigants and the public to harbour the vague notion that as long as bail is granted to accused persons they are left off the hook of the law”, adding that even if the accused were granted bail they would continue with the matter by instituting a preliminary investigation wherein witnesses would come and give testimonies in respect of a particular matter.

When the preliminary investigation was done, he said and evidence adduced by the court, warranted him to commit the matter to high court, he would do so without fear or favour and always in consonance with the law books.

He made this disclosure, while presiding over a matter, involving Mohamed Hafie Kamara who was charged with the offence of Conspiracy to Commit a Felony and Larceny in which, accused was granted bail in the sum of Le50 million including two sureties in like sum and both sureties residents in the western area of Freetown.

The bail condition requested for the both sureties to produce national passports and bail to be approved by the Deputy Master and Registrar of the court.

Moreover, the whole court was thrown   into a brief rowdy moment, coupled with a wide applause from the court audience, no sooner Magistrate Kamara pronounced bail conditions of accused person.

The particulars of the offence stated that, accused conspired with unknown individuals at Jui Junction, along the Freetown- Waterloo highway to defraud complainant, Mohamed Jabbie the sum of Le18 million in respect of a Rav4 Jeep, which accused pretended to sell to complainant, but later turned out to be a white elephant.

The matter was adjourned to Monday 14 November 2016.

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