Recapitulating the evidence adduced against the accused persons during the trial process before sentencing them, the presiding judge intimated that the accused persons were charged with the offences of conspiracy, larceny in dwelling house and house breaking, contrary to Section (23) Sub Section (1) of the larceny act of the laws of Sierra Leone.
According to the particulars of the offences, the accused person conspired with other persons unknown to commit a felony to wit conspiracy and house breaking at the residence of the complainant, Rugiatu Bangura at Waterloo in the outskirt of Freetown, between the dates of 1st April 2012 and 5 May 2012.
Justice Sam Margai further recapitulated that the accused carted away with DVD player, one mobile phone, one gold watch, wall clock and one tiger generator, and that on the said date, she went to sympathize with her uncle at Jui barrack, and whiles she was at Jui barracks, her neighbor telephoned and informed that thieves had broken into her premises in a broad day light.
He said the evidenced adduces against the convicts also stated that following the incident, the Complainant, Rugiatu Bangura then reported the matter to the Waterloo Police Division.
According to the testimony of the complainant, on her arrival at the Waterloo Police Division, she met her husband who told her that one of the convicts, Raymond Sesay had confessed that he had knowledge about the whereabouts of the stolen items, and were in custody of his sister, who resides at Savage Square in the east of Freetown.
A search was conducted at his sister’s premises at Savage Square, but that nothing of police interest was found, and moreover his sister also denied knowledge of the items in question.
He narrated that throughout the trial process no independent witness testified to corroborate the evidence adduced against the convicts at the preliminary trail in the magistrate court, adding that the piece of evidence adduced against convicts were problematic.
Justice Sam Margai pointed out that even the investigating officer; Abubakar Kamara who was the formal witness testified that when they conducted a search at the premises of Raymond Sesay sister at Savage Square, nothing of police interest was also discovered.
The learned judge made it abundantly clear that the convicts successfully prosecuted themselves by accusing each other of the offence of conspiracy for which they were convicted and sentenced, stating that he was discharging the convicts on the second indictment, house breaking and larceny, and third indictment, larceny in dwelling house for lack of persuasive evidence.
He found the convicts guilty on the first indictment, conspiracy on the grounds that the convicts successfully prosecuted themselves in their statements to the police by pointing accusing fingers at one another, in respect of the offence of conspiracy.
Concluding, justice Sam Margai maintained that the evidence adduced against the convicts pointed to the scene of crime, and convinced that in deed the convict conspired to commit a felony to wit conspiracy, and that he found the convicts guilty for the offence of conspiracy and sentenced them to six months imprisonment each.
