By Feima Sesay
Abubakar Barry an Engineer at EDSA on Tuesday 30th April 2024 has made another appearance before Magistrate Santigie Bangura of Pademba road court No.2 for alleged land fraud.
The accused was charged with four counts of obtaining money by false pretences contrary to section 32 (1) of the Larceny Act 1916.
According to the particulars of offence, on Friday 21st January 2022 at off Peninsular Road Banga Farm, Sussex, Freetown, with intent to defraud obtained the sum of two thousand united states dollars equivalent to the sum of forty seven thousand Leones(47,000) from Mahmoud Yurailie Sesay by falsely pretending that he has six plots of land lying situated and being at Peninsular Road Banga Farm Sussex for sale knowing same to be false.
The police further alleged on count two that the accused on the 25th February, 2022 at 1A Liverpool Street, Freetown with intent to defraud obtained the sum thirty thousand united states dollars equivalent to the sum of seven hundred and five thousand Leones(705,000) from Mahmoud Yurailie Sesay by falsely pretending that he has six plots of land lying situated and being off Peninsular Road, Banga Farm Sussex for sale knowing same to be false.
Count three stated that on the 1st June 202, at 1A Liverpool Street, Freetown with intent to defraud obtained the sum of ten thousand United States dollars equivalent to the sum of two hundred and thirty five thousand Leones(235,000) from the said complainant for the aforementioned land.
Whiles count four added that the accused on the same date and place with intent to defraud obtained the sum of ten thousand United States dollars equivalent to the sum two hundred and thirty five thousand Leones(235,000) from the said complainant for the said land.
When the charges were read and explained to the accused, no plea was taken. Felix Sesay a witness led in evidence by Sergeant Dwight Marcathy said he is an engineer and that that he knows the complainant Mamoud Sesay as his junior brother and further recognized the accused person in respect of this matter.
He recalled on diverse dates between 21st January to 14th December 2022, adding that on the above date his sister Ramatu Kamara who stays in the United States of America requested to buy a piece of land.
He said upon his sister’s request since he was busy, he instructed his junior brother Mamoud Sesay to go in search for the piece of land.
The witness furthered that his brother called him and gave him an information that he has found a piece of land at Sussex which costs twenty two thousand dollars.
Engineer Sesay said on the 21st January 2022 his brother updated him about the agreement for the land and he took photograph of the aggement and forwarded to him, later he asked his brother to find a legal practitioner for the next transaction which they did, and they started the transaction at Lawyer M.S Koroma’s Chambers
The witness said they made fifty two thousand dollars payment at the said Chambers and later made another thirty thousand dollars to which he said he was the signatory.
He said after payment, the accused told them that he would fast track the documents for the land because he has reliable people at the Ministry of Lands
According to him, he did not accept the idea so he advised his brother not to accept the documents from the accused person.
The witness furthered that the accused person gave him one document which he gave to his surveyor who identified so many errors on the document that was produced by the accused person.
But the surveyor, he said, told them to go on and do the transaction, which they did the first transaction on the 1st June 2022, and made another payment of ten thousand United States dollars to the accused person at the said Chambers, but by then the accused person told them not to do any construction on the said land until 75% payment was done.
The witness said himself together with his family went to the piece of land and they saw an ongoing construction on the land.
Upon seeing that, he went to the accused person and informed him about what he saw at the land, and the accused he said told him that he was the one building on the land.
The witness said on the 14th December 2022, they completed the payment of ten thousand United States dollars to the accused person and after the payment, he went to the Land around November 2023 to do a mainshift structure when one Mr Jalloh told him that the said land is under investigation at the High Court, adding that upon hearing that, he called his lawyer and his brother Mamoud called the accused person in the evening hours, his brother told him that he received text messages from the accused person that people were trying to claim the piece of land but he was going to win the case.
There lawyer, he said, officially wrote the accused person to refund the money because the land has issues but said since then they did not get the money and the said land from the accused person.
In conclusion said he later went to the Criminal Investigation Department (CID) headquarters Pademba Road Freetown where they made report and statement was obtained from him.
The witness was cross examined by defense counsel Ibrahim Turay .
Magistrate Bangura however adjourned the matter to the 6th May 2024 whiles the bail of the accused person continued.