Amidu Bangura, 3'5 will go down in history as
the first beneficiary of the Sierra Leone Legal Aid Scheme to re-offender. Amidu
is one of 355 persons, most remand cases, to have benefited from the Scheme
since it commenced operations in May 2015. Amidu was a resident of Waterloo in
the Western Rural District prior to falling foul of the law. He was arrested and
detained at the Kissy Mess Mess Police Station on. 16 June 2006 as part of an
investigation into a complaint that was lodged against him. He spent six days
in police cell and was then charged with 'wounding Alimamy Kargbo with intent
to do him grievous bodily harm.' He was denied bail at the Magistrate Court and
was remanded at the Pademba Road Correctional Center. He made his first appearance
at the High Court on 3 November 2006 and was again denied bail. He spent nearly
ten years on remand at the Pademba Road Correctional Centre before the Legal
Aid Board became aware of his case, thanks to the partnership with the Sierra
Leone Correction Service. The Board took up his case almost immediately. The Board
succeeded in having the matter against him discharged for want of prosecution. The
Lawyer for the Legal Aid Board, Ivan Sesay told the court that Amidu has been
in Custody since 2006 and that no evidence had been led against him by the prosecution.
'My client has been in custody for ten years with no progress made in his case,'
Lawyer Sesay told the court. 'I would therefore like to make an application for
the discharge of the accused for lack of prosecution.' The presiding Judge, Justice
Alusine Sesay granted the application and Amidu was discharged on the 30 March 201
G. Following his discharge by the court, Amidu like the others before him received
pre-discharge orientation from staff of the Board. He also signed an undertaking
to live at peace in the community and within the law. He was made to understand
that the undertaking could be made available to the court if he were to
re-offend.
He was also made to understand that
the Scheme will be constrained to provide him legal aid should he repeat offend
and was consequently charged to
Court. The reasons advanced by the
Executive Director of the Legal Aid Board, Ms. Fatmata Claire
Carlton-Hanciles relate to the fact
that there is still a large number of people -in the hundreds -on remand
waiting to receive legal assistance. This means a beneficiary of the scheme who
re-offend and qualifies for legal assistance will have to wait for as long as it
takes to have those in waiting to be served first. 'Mind you we do not have the
luxury of personnel to serve all those on our waiting list at the same time' she
said. She further underlined that the priority of the Scheme is to decongest
the Correctional Centers especially the Pademba Road Correction Center which is
an embarrassment to the Justice Sector. This is for very obvious reasons. Freedom
of the individual is a fundamental human right which must be protected and
guaranteed. 'Our priority is to either have them on bail, tried as quickly as
possible or get them discharged,' Ms. Carlton Hanciles said at this year's Annual
General Meeting of the Sierra Leone Bar Association in June Additionally, she
maintained that the Board should be seen to send a strong message to beneficiaries
of the scheme that rights go with responsibilities. This means those who have benefited
from the scheme should reciprocate by ensuring they try as much as is humanly possible
not to resort to crime. So, when news broke out that Amidu had
Re-offended less than three months after
the Board secured his release it took many by surprise not least the Board
itself. Amidu was involved in a fight which resulted in serious injuries. He
and four others were arrested and taken to the Pademba Road Correction Center
where he spent a few weeks before he was released. Prior to this, the Board was
informed but decided to distance itself from the matter for a number of reasons
including those already advanced. Firstly, the Board has had to contend with
criticisms from section of society that the Scheme encourages people to repeat offend.
Even though, this assertion is not supported by facts, it keeps coming thick and
fast at outreach events. Also, this is despite the fact that' the Board is yet
to provide any legal assistance to re-offenders. As a matter of fact, records
of the Sierra Leone Correctional Service indicate that those who repeat offend actually
make up less than four person of the prison population. This notwithstanding, the
case of Amidu raises a number of challenges facing those coming out of our prisons
especially those who spend a long time there.
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