Defence To Make No-Case Submission

By Alimatu Kargbo
Two barristers accused of defrauding a businessman of US$114,000 in three Toyota 4Runner vehicles have completed the prosecution stage of their trial, with the defence now set to make a no-case submission.
The accused, 34-year-old Maurice Jenner Mohamed Seisay and 35-year-old John Mans, are facing two counts of conspiracy to defraud and obtaining property by false pretences, contrary to Section 32(1) of the Larceny Act 1916.
According to the particulars of the charges, between 1 and 30 November 2023, at Harding Sesay and Partners Law Firm, No. 49 Dundas Street, Freetown, the accused allegedly conspired with other persons unknown to defraud.
The second count alleges that during the same period and at the same location, they obtained three Toyota 4Runner vehicles belonging to Bockarie Conteh, valued at US$114,000, allegedly on the representation that payment would be made within 30 working days, knowing the representation to be false.
When the charges were read and explained, no plea was taken as the matter is before the court for committal proceedings.
The prosecution called Inspector Fatu Tarawally, attached to the Criminal Investigation Department (CID), who continued her testimony before Magistrate Mustapha Brima Jah at Pademba Road Court No. 1 in Freetown.
The witness told the court that a report in relation to the matter was dated 7th December 2023.
She further testified that on 15 October 2024, an additional statement was obtained from Mamoud, together with an undertaking, which was produced and tendered in evidence.
According to the witness, on 21 May 2024, she, together with Elizabeth 10215 Jusu E.L., obtained a voluntary caution statement from the second accused.
She told the court that on 22 June 2024, an undertaking and an additional caution statement were obtained and subsequently produced and tendered in court.
The witness further stated that on 21 May, she, together with 13878 P, obtained an additional voluntary caution statement from the second accused.
She added that on 23 July 2025, she and Detective Inspector Hassan obtained another statement from the second accused, which was tendered and admitted as part of the court record.
During the proceedings, a heated disagreement developed between Defence Counsel Jengo and Prosecution Counsel Yusuf Isaac Sesay over whether an agreement had been properly served on the defence.
Counsel Jengo argued that the agreement had not been served, while Prosecutor Sesay maintained that it had been served and argued that it had not even been eight days since the document was served.
The exchange became increasingly tense, with Jengo questioning the prosecution counsel’s handling of the matter and pointing out his greater seniority at the Bar.
With the argument becoming heated, Magistrate Jah rose from the bench and directed both sides to settle the issue before proceedings could continue.
The court briefly stood down.
When the matter resumed, the parties had settled the issue and the witness continued with her testimony. Following the completion of the witness’s evidence, the prosecution formally closed its case.
Defence counsel Jengo informed the court that the defence had agreed with the prosecution on the next procedural step and would file a no-case submission on behalf of the accused.
Magistrate Mustapha Briama Jah subsequently adjourned the matter to 24 August 2026 for the defence to make its no-case submission.
