By Alieu Amara Suwu
Magistrate Santigie Bangura of Pademba Road Court No 2 has on Thursday 28th November 2024 made an order for the former Minister of Finance Patricia Laverly to be brought to court to stand trial after absenting herself from court on several adjourned dates on the pretext that she was unwell.
He made this order after the state counsel Lawyer Yusuf Isaac Sesay made an application for the accused to be brought to court to stand trial after absenting herself from court on the basis that she was at the intensive care unit at the Choithram hospital.
The accused Patricia Laverly is before the court on two counts charges ranging from inflicting previous bodily harm, contrary to section 20 of the Offences Against the Persons Act of 1861 and assault occasioning to actual bodily harm.
According to the indictments, the accused on 12th November 2024 at State house in Freetown assaulted Nabella Farida Tunis with intent to inflict previous bodily harm on her.
The police further alleged that the accused on the same date and place assaulted Madam Nabella Farida Tunis in a manner thereby occasioning to actual bodily harm.
Shortly after the matter was mentioned, the state counsel intimated one of the sureties was absent and the defense was to file an affidavit and served them but nothing or such was done.
He said they did not receive any call from the defense to tell they why they were not in court or why they were late, adding that the defense has not been treating them fairly.
Lawyer Sesay made an application that the accused be brought to court, judging from their conduct so that the court will examin her condition.
The court, he said has the power to do so, adding that the accused is on an oxygen and not under operations and therefore she can be moved to court. He added that the complainant is a busy person but has time to come to court to ensure that they expedite the matter; noting that, justice must not only be done but must be seen to be done.
The lead defense counsel Jenkinson Johnson in response said the application made by the state is inhumane and unreasonable.
The accused he said is still at the intensive care unit at Choithram hospital and needs urgent medical attention outside the country.
Lawyer Johnson also presented to the court that the affidavit supporting the health condition of his client, noting that the accused is not before the court for murder neither treason.
He added that is as if the state want to persecute the accused and not to prosecute her, arguing that the state counsel wants the accused to die in court. He said section 23(1) of the 1991 Constitution is very clear.
In the circumstance urged the bench to discountenance the application made by the state counsel for the accused to be brought to court given her present situation.
Magistrate Bangura having listened to both sides ruled that though he cannot allow an accused to be persecuted but said he cannot also act blindly without supporting documents from the defense.
He however made an order for the accused to be brought to court within 2 hours, for him to be examine her and ascertain her condition.
After this ruling, the lead defense counsel Jenkinson Johnson applied for a variation of the order, pleading further that the court move to the Choithram hospital in order to verify whether what he was saying that the accused is at the intensive care unit is true.
State counsel Yusuf Isaac Sesay in reply said the court ruling is premised on authority and this case he said is not an exception, adding that the defense counsel has not provided any sufficient reason as to why the order should be varied.
According to him, orders from court can only be varied if there are obstacles on the way, noting further that all what the defense want is to dictate to the court.
His application he said is of no moment and in that light pleaded with the court not to countenance his application, he also draw the attention of the court to one of the sureties who was absent in court which he said clearly show that they are not treating the matter with the seriousness it deserves.
Magistrate Bangura however granted the application made by the defense counsel for a variation and order that the accused be brought to court on Monday 2nd December 2024.
