MISC. AFP 239/10           2010               S.    NO. 38

IN THE HIGH COURT OF SIERRA LEONE

THE STATE                            - APPLICANTS

VS.

ALIE IBRAHIM MOHSEN & OTHERS - RESPONDENT

BEFORE THE HONOURABLE MR. JUSTICE N. C. BROWNE-

MARKE T.A. DATED 12111 DAY OF NOVEMBER, 2010.

RULING

1.                Since delivering my judgment in the application herein, on 5th of October 2010 I have been informed by the Master and Registrar, that the depositions taken during the preliminary investigation in which the Applicant herein was the 2nd accused, have been transmitted to the Direct of Public Prosecutions. These depositions were transmitted to the DPP through and by a letter dated 21st September, 2010. I am informed further, that to date, the DPP has not filed an indictment against the Applicant.

2.                In order to assist me to come to a just conclusion in the Applicant’s application, I think it would be prudent and in the interest of justice that I should call upon the DPP to state his intentions. It is quite possible that if I were to grant the Applicant’s requests today, the DPP might very well file an indictment against him on Monday next. With the Applicant out of the jurisdiction the DPP might not be able to go on with his case.

3.                The Order of the Court is that the Acting DPP shall attend court on Monday 15th November, 2010. At that hearing the Acting DPP will be requested by the Court to state what his intentions are in open Court.

4.                This Order shall be served today on the Acting DPP. the Attorney General and Minister of Justice and on Serry-Kamal & Co, Solicitors for the Applicant.

5.                Hearing fixed for Monday 15th November, 2010.

N. C. Browne-Marke

Justice of Appeal