Defense Lawyer Demands return of 2-Fuel Tankers to Client
December 20, 2016
Lawyer Augustine S. Marrah, who represents the 16th accused person, Mohamed Yasim Sow, who is before the Magistrate’s Court No1 for allegedly smuggling petroleum products from Sierra Leone to neighboring Guinea , yesterday applied that Magistrate Dr. Abou Bakarr Binneh Kamara should order the Sierra Leone Police to return the two fuel tankers that were seized by them during a raid conducted in early November,2016.
He argued that his client was a legal merchant of petroleum products in Kambia District, with legal document and that the products should be returned to him for sales, insisting that it was not a contraband item.
He also requested for the immediate removal of the seal which the Police had placed on the business premises of his client, stating that they have no statutory mandate to close a legally registered businesses operation within the ambit of the law.
“Your worship, I am applying demanding for the immediate removal of the ban placed on the premises of my client. There’s no legislation that gives the police the power to close a legally registered business premises without the due process of the law. There was no court order authorising the closure of those businesses,” he stated.
He further quoted page 22 of the Archibald Criminal Pleading Evidence and Practice 36th edition and the Criminal Procedure Act No.32 of 1965 to back his argument and other statute. Lawyer Marrah informed the court that the Police were still guarding the fuel stations that belong to the accused persons having been closed.
Objecting to the application, Assistant Superintendent of Police (ASP), Samuel Kamara pleaded with the court to discountenance the request of the defence on the grounds that the seized products lodged at the Kingtom Police Barracks should be sold by the court and the income be kept into the judiciary sub-treasury account, pending the hearing and determination of the matter.
He also submitted that the exercise that led to the closure of the fuel stations in Kambia District was jointly conducted by the Police and the Petroleum Regulatory Agency.
He stated that if the products continue to remain in the custody of the Police, it would evaporate.
In a swift reaction, Lawyer Marrah submitted that the objection from the Police reinforced his application, calling for the restitution of his client property and added that his client was the legitimate person to sell the products because he knows the amount of money he invested in it.
He said it was wrong for his client’s property to be sold by the police and the income kept in the custody of the judiciary. Marrah further dismissed claims by the prosecutor that the fuel stations were unanimously sealed by the Police and the PRA, arguing that there was no corresponding document addressed to the accused persons indicating same.
However, Magistrate Kamara adjourned the matter to Thursday 22nd December 2016, for ruling after the parties had concluded their submissions.
The 16th accused person along 15 others are before the court to answer to the offences of conspiracy, keeping petroleum products without license, attempted smuggling of petroleum products and evasion of tax duties, but they have all denied the charges.