IN THE SUPREME COURT OF SIERRA LEONE SC, MISC APP. 6/2001

THE          STATE                                           - RESPONDENT/RESPONDENT

V S.

HON. JUSTICE M.O. TAJU-DEEN             - APPLICANT/APPELLANT

B.B.S. KEBBIE, ESQ. DIRECTOR OF PUBLIC PROSECUTION AND M.M. SESAY, ESQ.        - FOR THE STATE

C. DOE-SMITH, ESQ. AND T.M. TERRY, ESQ.                                                                             - FOR APPLICANT/APPELLANT

 CORAM:

HON. MR. JUSTICE D.E.F. LUKE - CJ. (PRESIDING)

HON. MR. JUSTICE A.B.. TIMBO - J.S.C.

HON. MR. JUSTICE M.O. ADOPHY - J.S.C. RULING DELIVERED THIS 19 DAY OF JULY, 2001

CJ.; This is an application on behalf of the appellant for bail pending the determination of his appeal and three other Ordears as stated in the Notice of Motion dated 9th July 2001.

The application is supported by the two affidavits of the appellant sw to on the 9th day of July 2001 and the exhibits attached thereto marked MOID "1 and that sworn to on the 16th day of July 2001 and also the affidavit of Ayo M Dixon sworn to on the 10th July 2001.

The applicant was in the High Court presided over by Justice Patricia Macaulay charged and convicted of offences of curruption contrary to Sec. 7(1) 8(1) of the Anti-Corruption Act No. 1 of 2000 and on 22nd day of June 2001 sen on Counts 1, 2, 5 and 6 to a term of 1 year imprisonment concurrently and on C 3, 4, 7 and 8 was fined the sum of Le30,000.000 or 6 months imprisonment. Bot sentences to run concurrently.

By Notice of Motion dated the 26th June 2001 the appellant applied to the Court of Appeal for bail pending the determination of his appeal to that Honour Court. And by a Ruling delivered on the 5th day of July 2001 the following Order were made:-

2.

"Application for bail pending the determination of the applicant's appeal is disallowed. The Registrar of the Court of Appeal to prepare the Records of Appeal in the Criminal Appeal herein within 21 days of this Order and that the said appeal be entered for hearing out of its Order in the Registrar of Appeals".

GIVEN under my hand and seal of the Court this 5th day of July, 2001.

(Sgd.) A. Showers

Registrar Court of Appeal.

The appellant now applies to this Court for bail to be granted pending the determination of his appeal before the Court of Appeal and for the Order of the Court

of Appeal dated the 5th day of July in Mis. App. 15/2001. The State Respondent a Justice M.O. Taju-Deen - Applicant be revoked and/or varied.

Bail will not be granted pending the hearing of an appeal unless the application shows. To this end Terence Terryj Counsel for the applicant sought to rely on the affidavits filed and on various authorities cited:-

(1) FRANKLYN BUNTING-DAVTES VS. REV. J.E. HARRIS - CR APP. 26/84.                                                               

(2) ZOUZOUKO DEGUI VS. THE STATE - CR. APP. 28/80

(3) SALLAH BAHSOON VS. INSPECTOR-GENERAL OF POLICE (4) ISATU KAMARA VS. THE ATTORNEY-GENERAL SC. MISC.

APP. 4/92 OTHER CASES

(5) FREDERICK NEWBERY, BURNETT LEON ELMAN - 1931 23 CR. APP. REPORTS P. 66

(6) WILLIAM GREGORY - 1972 20 CR. APP. P. 185

(7)  ALEXANDER DAVIDSON STEWART - VOLUME 23 CR. APP. REPORTS P. 68 MARCH 23, 1931 TO JULY, 1932

(8) AKRONG & ANOR VS. THE REPUBLIC - 1972 (2) G.L.R. 244

(9)  REX. VS. THEOPHILUS ADENUGA TUNWASHE - VOLUME 1

2.

"Application for bail pending the determination of the applicant's appeal is disallowed. The Registrar of the Court of Appeal to prepare the Records of Appeal in the Criminal Appeal herein within 21 days of this Order and that the said appeal be entered for hearing out of its Order in the Registrar of Appeals". GIVEN under my hand and seal of the Court this 5th day of July, 2001.

(Sgd.) A. Showers                                        .

Registrar Court of Appeal.

The appellant now applies to this Court for bail to be granted pending the determination of his appeal before the Court of Appeal and for the Order of the Court of Appeal dated the 5th day of July in Mis. App. 15/2001. The State Respondent as Justice M.O. Taju-Deen - Applicant be revoked and/or varied.

Bail will not be granted pending the hearing of an appeal unless the applicant shows. To this end Terence Terry, Counsel for the applicant sought to rely on the affidavits filed and on various authorities cited:-                                      

(1)  FRANKLYN BUNTING-DAVIES VS. REV. J.E. HARRIS - CR APP. 26/84.

(2)  ZOUZOUKO DEGUI VS. THE STATE - CR. APP. 28/80

(3)  SALLAH BAHSOON VS. INSPECTOR-GENERAL OF POLICE (4) ISATU KAMARA VS. THE ATTORNEY-GENERAL SC. MISC.

APP. 4/92 OTHER CASES

(5)  FREDERICK NEWBERY, BURNETT LEON ELMAN - 1931 23 CR. APP. REPORTS P. 66

(6)  WILLIAM GREGORY - 1972 20 CR. APP. P. 185

(7)  ALEXANDER DAVIDSON STEWART - VOLUME 23 CR. APP. REPORTS P. 68 MARCH 23, 1931 TO JULY, 1932

(8)  AKRONG & ANOR VS. THE REPUBLIC - 1972 (2) G.L.R. 244

(9)  REX. VS. THEOPEELUS ADENUGA TUNWASHE - VOLUME 1

2b

Counsel argued forcefully that the complexity of the case, the impossibility of the applicant's appeal being heard before the completion of his sentence or a substantial part thereof, the desirability of having full opportunities of consulting with his legal advisers, his advanced age and the precarious state of his health; the fact that the applicant had been acquitted on four of the original twelve counts charged; and was most likely to succeed in his appeal all constitute special and exceptional circumstances for to enable the Court to grant bail pending the appeal

Mr. Kebbie, Director of Public Prosecution on behalf of the Respondent likewise relied on the affidavit of Manfred Momoh Sesay and forcefully urged upon the Court the no special circumstances had been shown to warrant granting bail in this particular case and that in view of the Order of the Court of Appeal dated 5th July 2001 there would be no delay as alleged; and that there was no substance in any of the allegatic relied upon by the applicant, and the authorities cited were irrelevant.

As I am satisfied that the aforesaid Order of the Court of Appeal affords the appellant an early opportunity for a full hearing of all the matters in contention herein I do not deem it necessary to make any other determination now.

Having read all the documents filed herein and having listened to the learned Counsel on both sides and taking all the circumstances of the case into consideration, I am of the view that justice to all concerned would best be served by the hearing and determination of the said appeal as soon as possible.

3.

In this regard it is my view that the Court of Appeal did not err in law or otherwise in ordering that the records be prepared within 21 days.

Applicant's Counsel argued that the Court of Appeal's Order that "the said appeal be entered for hearing out of its order in the Register of Appeals" did not necessarily mean it would be heard expeditiously. To clarify any doubte I confirm the Order of the Court of Appeal in its entirety - and I further order that the said appeal be entered for hearing within seven days of the preparation of the said Records of appeal.

I therefore order as follows:-

1. The appelant's application to this Court that bail be granted pending the determination of his appeal is refused.

2. That the Order of the Court of Appeal dated the 5th day of July 2001 in Mis. App. 15/2001 that:-

"Application for bail pending determination of the applicant's appeal is disallowed. The Registrar of the Court of Appeal do prepare the Records of appeal in the Criminal Appeal herein within 21 days of this Order and that the said appeal be entered for hearing out of its order in the Register of Appeals", Is upheld.

3. That the said appeal be entered for hearing within seven days of the preparation of the said Records of Appeal.