She further informed the court that the prosecution has served subpoena to the witnesses that testified at the Magistrate Court during the preliminary investigation.
She assured the court that she would do her level best to ensure that her witness or witnesses are present in court for their testimonies on the next adjourned date.
She explained that the prosecution is facing constrains to contact the witness (s), especially their addresses listed on the case file and requested for an adjourned date.
In the light of the submission made by the State Prosecutor, Counsel for the accused persons, Mohamed Sahid Bangura made a formal application for bail on behalf of the six alleged murderers.
He canvassed the presiding Judge to admit the accused persons to bail on the grounds that, they are first time offenders, and that if they are granted bail, the accused persons would not jump bail and would always make themselves available to the court on every adjourned date.
Barrister Mohamed Sahid Bangura also told the court that the Defense is committed to proceed with the trial process and prepared to give the prosecution time to re-assemble their witness (s) for interview before testifying in court.
He intimated the court that the alleged murderers have credible and respectable sureties who are willing and ready to enter into recognizance on their behalf, and they would always be present in court on every adjourned date.
In his wisdom, the presiding Judge, Hon Justice Ivan Sesay noted that he hates unnecessary adjournment on matters relating to murder.
According to him, bail should not be considered as a form of punishment, but to ensure the attendance of the accused person or persons.
He further submitted that if the prosecution fails to produce a witness on the next adjourned date, the court would be minded to grant bail to the six accused persons.
Hon. Justice Ivan Sesay maintained that murder matters are very serious cases that should be treated with all the seriousness it deserves
He added that the court had wanted to empanelled jurors, but could not do so, due to the non-appearance of the prosecution witness or witnesses.
He concluded that the prosecution has a duty to the court in ensuring that its matters are proven beyond all reasonable doubt by establishing a prema facea case and to further ensure that justice is dispensed to whom it is due.
Hon Justice Ivan Sesay later ordered that the six alleged murderers be returned to the Male Correctional Centre at Pademba Road in the Western part of Freetown.
The matter comes up again on 25th July this year.
