By Feima Sesay
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 .
The Court made this order the ex minister has been absenting herself from court on several adjourned dates on the grounds that she was unwell.
He made this order after the State Lawyer Yusuf Isaac Sesay made an application for the accused to be brought to court to stand trial after severally absenting herself from court sittings .
Her lawyer had said in previous Court sittings that his Client had been at the intensive care unit of the Choichram hospital in Freetown where she has been admitted and responding to treatment.
The accused Patricia Laverly is standing trial ton two counts charges ranging from ; inflicting previous bodily harm contrary to section 20 of the offences against the persons act 1861 and assault ocassioning actual bodily harm.
According to the indictment, the accused on 12th November 2024 at State house in Freetown assaulted Nabella Farida Tunis , a sitting minister of Tourism in Bio government with what the court described as intent to inflict previous bodily harm on her.
The police said that the accused on the same date and place assaulted Madam Nabella Farida Tunis in a manner thereby ocasioning her actual bodily harm.
Shortly after the natter was mentioned, the State Lawyer , Sesay told the the court that one of the sureties was also absent and that secondly , the defense Lawyer was to file an affidavit and served them but that had not been done.
He said they did not received any call from the defense to tell they why they were not in court or provide explanation on lateness ; he noted that the defense team has not been treating them farely.
Lawyer Sesay made an application that the accused be brought to court judging from their conduct so that the court would examined her health condition.
The Court , he said, had the power to do so, adding that the accused is on oxygen and not under operations and therefore she could be moved to court.
He added that the complainant who is the Minister is a busy person but has time to come to Court to ensure that they expedite the matter, he cited that justice must not only be done but must be seen to be done.
The lead defense Lawyer Jenkins- Johnston in reply said the application made by the State Lawyer is inhumane and unreasonable.
The accused he said is still at the intensive care unit at Choichram hospital and needs urgent medical attention outside the country.
Lawyer Johnson also presented to the court 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 wants to persecute the accused and not to prosecute her, arguing that , the State Lawyer wants the accused to die in court.
He said section 23(1) of the 1991 constitution is very clear.
In the circumstance urged the Court to discountenance the application made by the State Lawyer for the accused to be brought to court given her present situation.
Magistrate Bangura having listened to both sides ruled that though he cannot allowed an accused to be persecuted but said he could 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 examined and her medical health conditions to be ascertained .
After this ruling, the lead defense Lawyer Jenkins Johnston applied for a varation of the order, pleading further that the court moved to the Choichram hospital in order to verify whether the accused is at the intensive care unit of the hospital.
State Lawyer 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 team 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 defence wants was to dictate to the court.
His application he said was of no moment and in that light pleaded with the court not to countenance his application, he also drew the attention to one of the surties who was absent , which he said clearly shown that they we not treating the case seriously.
The magistrate however ordered that the accused be brought to court on Monday 2nd December 2024.
