His Worship Magistrate Harold Kamara, presiding over the Magistrate Court of Sierra Leone sitting at Mile 91, has committed two accused persons to the High Court for trial over charges of conspiracy and robbery with aggravation involving the violent theft of a motorbike.
The ruling was delivered on 3rd February 2026 in criminal case number C/S 12/2026, instituted by the Inspector-General of Police.
The accused, Hassan Sesay of Mathalay Village and Sulaiman Turay of Magbisie Village, are facing three counts: conspiracy to commit a felony, robbery with aggravation contrary to Section 23(1)(a) of the Larceny Act of 1916 as amended by the Abolition of the Death Penalty Act of 2022, and accessory after the fact.
Due to the indictable nature of the offences, no plea was taken at the arraignment stage, and the matter proceeded by way of committal. At the close of the prosecution’s case, all witness statements and exhibits were served on the defendants, who elected not to cross-examine any of the prosecution witnesses.
In his ruling, Magistrate Harold Kamara outlined that the prosecution relied on written statements from five witnesses, including the victim and the owner of the motorbike, as well as voluntary cautioned statements from both defendants. The stolen property, identified as one HLX Star motorbike, was also tendered in evidence.
On the issue of conspiracy, Magistrate Kamara held that there was prima facie evidence of an agreement between the defendants and other persons unknown to commit a felony. The court relied on the voluntary cautioned statement of the first defendant, Hassan Sesay, in which he admitted to prior communication and planning with another individual before the robbery. The magistrate noted that this admission was supported by surrounding circumstances narrated by prosecution witnesses.
Addressing the charge of robbery with aggravation, Magistrate Kamara found sufficient evidence that the offence was committed with violence and the use of offensive weapons. According to the victim’s statement, the ignition key of the motorbike was forcibly taken, threats to kill were made, and the assailants were armed with a knife and a cutlass before making away with the motorbike and money. This account was corroborated by other witnesses and the recovery of the stolen motorbike.
The court further ruled that there was prima facie evidence linking the first defendant directly to the robbery, citing identification evidence, corroborative witness statements, a confessional statement, and the recovery of the stolen property.
With respect to the second defendant, Sulaiman Turay, Magistrate Kamara found that there was sufficient evidence to establish a prima facie case of accessory after the fact. The court noted that Turay’s voluntary cautioned statement admitted involvement in dealings related to the motorbike after the robbery, suggesting knowledge of its stolen nature and assistance rendered after the commission of the offence.
In his determination, Magistrate Harold Kamara emphasized that at the committal stage, the court is not required to determine guilt but to assess whether there is sufficient evidence which, if left unanswered, could lead a reasonable tribunal to convict. He further noted that the defendants’ decision not to cross-examine prosecution witnesses left the documentary and confessional evidence unchallenged.
Consequently, the court ordered that Hassan Sesay and Sulaiman Turay be committed to the High Court of Justice to stand trial on charges of conspiracy and robbery with aggravation. Both accused persons were remanded at the Moyamba Correctional Centre, pending trial, unless granted bail by the High Court.
