By Mahmoud Jalloh
Belief and proof are two different things when it comes to the world of law. Just because you believe something does not mean you can prove it and just because you can prove something does not mean it is believable. Evidence must be rigorously tested to proof or disproof your case or allegation.
I recently watched a Nigerian Crime Movie that gave relevant meaning to the my theory. Here is the story: These two politicians of the same community were aspiring for a high political office through elections. One was strong and popular whilst the other commands less appeal among his people. Knowing he stands no chance of winning yet hungry for victory and power at all cost, this weak candidate went and hired a criminal gang of kidnappers who stormed into the compound of one rich and influential fellow community man, killed the gateman security guard and made away with the man’s daughter who was a UK University Student that was on holiday vacation visit home to her parents in Nigeria.
The criminal contractor told the kidnappers to be mentioning his strong opponent’s name in front of their captive who was taken to a remote forest and tied up against a tree. He further told them to communicate a signal by revealing their hideout after some time so that they will run away and leave the girl behind. They did exactly that as they abandoned their captive unharmed and fled the scene before the armed security personnel could arrive. The armed state security untied the girl upon arrival, took her to the hospital for medical attention before inviting her for a police statement. As expected, the girl mentioned her father’s opponent’s name in her statement saying she got that from her kidnappers’ discussion of whom they referred to as their Boss. Without wasting time, the police drove off, went to the man’s house and arrested him on charges of accessory to murder, kidnap and false imprisonment. He was taken to the police station and asked to make a statement which he did. The accused person was charged to court despite protesting his innocence that he knew nothing about the allegations levelled against him. Meanwhile the well connected father of the girl was at home venting his anger by promising to make sure the suspect rot in jail if convicted.
In all of this was the wife, the girl’s mother who remained calm trying to make sense out of the whole situation. One evening she sat down her husband for an audience regarding the matter including the ongoing court case against the accused. She began by telling her husband (who of course knew the whole story) that she graduated with a first class honours degree in criminal law, invited to the Bar and came out with a top class distinction. Naturally she said, I was going to practice law when to my law background parents’ disappointment, I suddenly changed my mind and decided to join the police instead. She said based on my academic background as a criminal Barrister, I was promotion fast-tracked, later went on to head the homicide and crime division of the Nigerian police force. I can tell a well organised conspiracy crime when I see one, she went on to say. The husband who struggled to understand the point his wife was trying to make said darling can you please make it simple and tell me the exact meaning of everything you have just said? I mean the accused person may be innocent after all, the wife replied. Innocent you said? How?, the husband asked. This was the wife’s reply: Knowing the fatal cost implication, no criminal in his right senses will tell his hired kidnappers to call his name during an operation, on the contrary, he will strictly warn them against making such a dangerous mistake that could blow their cover and land all of them ( him included ) in trouble should anything goes wrong. For those criminals to have made mention of that man’s name not once, not twice but many times in front of our daughter meant their hirer must have told them to do so on purpose so as to implicate someone he may have had issues with and want him dealt with or completely removed out of the way. We must apply wisdom and tread careful, she warned her husband. Ok darling I have heard you, I will sleep over it and come back to you, the husband replied. The husband woke up the next morning to say to his wife that he has an idea of who might be behind this whole plot pointing the accusing finger at the accused person’s political opponent. Good, let’s keep cracking, the wife replied.
This criminal contractor has a serious weakness which is/was promiscuity. He sleeps around with women in different hotels and so the wife and her husband went and asked the police to mount a covert operation against him just to get to the truth. The police responded by planting a flirty beautiful sexy lady they knew he cannot resist. That lady was a detective who was ready to do anything, go to any length to extract the vital information needed to bring the suspect to justice. The man asked the lady out and after a brief interaction and with the lady’s consent he quickly booked a hotel room for both of them. When they arrived at the hotel, the lady asked the man to go to the bathroom and freshen up first before joining her in bed. She quickly took out her savvy smartphone, pressed the record button and placed it by the pillow side. Before anything, the lady asked lover-boy to place a food order including fine wine as she was hungry. Obliged lover-boy immediately placed the order; food and wine that was to arrive 10 minutes later. Meantime they were having love discussion initiated by the lady.Mission accomplished as the lady started strip-searching the room saying she dropped her mobile phone somewhere. The order arrived and they both sat together to eat and drink. As a deliberate ploy to keep her thinking balance intact, the lady was drinking less while lover-boy went on to consume lot of alcohol within a short of time going semi-drunk. The moment of truth has arrived as the lady seized the opportunity to start asking lover-boy direct personal questions including his political ambition. Lover-boy went on to say so many things including his organised plot to eliminate his opponent by framing him up as he did. The incriminating information was rock-solid enough to secure a safe conviction on trial. Unnoticed, the lady made a phone call to herself and rushed to pick up her ringing mobile that was doing the secret recording. She pretended answering the call and asked to be excused for a quick private phone conversation outside. Suit yourself, I’m waiting, lover-boy replied. She has gone to phone the police who arrived a few minutes later to arrest and take the man to the police station for interrogation. Only at after arriving at the police station did he came to realise that the lady he was dealing with was an undercover police detective. The recording was played out in front of him before asked to make a statement which he did.He was charged to court, convicted and sentenced to life imprisonment without parole. The innocent framed up opponent was acquitted and awarded substantial damages by the presiding Judge who said in his closing statement, and I quote: ‘It is better to set a hundred guilty men free than to allow one innocent man to suffer for a crime he did not commit. That is not law, it is cruelty’.
My take for the real criminal behind bars? It is ok to be ignorant but it is not ok to be stupid. It was stupid of him to have done what he did but even more stupid to have trusted a total stranger though I would say for the latter, that it was a stupidity with a useful purpose that helped set free an innocent law abiding citizen that could have been sent to prison or even sentenced to death for a crime he did not commit.
Now to my country, Sierra Leone:
I have been following people’s opinion and comments on diverse issues and subjects. Popular Rapper LAJ was handed an 8 year jail term for alleged assault, disorderly conduct and robbery, so I heard. I pity him, even more, I pity his parents, friends and family including his partner and young daughter as I understand. I wish I was privy to every dot and comma of the Sierra Leone criminal law as to be able to present an accurate unbiased opinion regarding such matters. Did for example the Judge act on a state mandatory sentencing guidelines for certain crimes, or used his discretion as a Judge to determine the 8 year prison term handed down to LAJ? I don’t know the answer to that question.
Circumspect or Circumspection is a familiar word I know so well. This is what the great legal advocate says: ‘Deminimis non habet lex medicinam’, the Latin English meaning for: ‘The law has no remedy for the least’. ‘Of small things the law has no cure’. Not my words but that of a reputable Barrister and public speaker. They say ‘Beauty lies in the eyes of the beholder’. If people say you are bad and horrible, try to prove them wrong by offering them something different; a true decent character that will make them change their opinion about you. This is my frank general advise to everyone including LAJ whom I pray things will work out for him by having his sentence reduced or even set free considering the amount of time he has already spent in detention while on trial.
A day in detention is a day too long for me not to talk of months or years. Temptations are bound which is an inalienable part of the human nature. We all face and deal with good and bad experiences in our daily lives except that in so doing, we mustn’t forget one very important word call Control. In all things, try to apply wisdom or what I call Ego Downgrading when faced with critical situations or challenges. Giving in to your intolerant Ego in situations that require a careful consideration or handling can almost certainly mean you end up regretting your actions.
The way authority is exercised in Africa including Sierra Leone, is so different to that of the overseas countries some of us live.
Take a look at this case study for example:
Many years back when I was living in Sierra Leone, High Ranking Police Officer Walter Nicole referred a family member for assistance to one CID Officer on duty. To distort his true Police Identity, I will call him 4040. 4040 was handling a special case of interest assigned to him by his CID Boss and so he kindly asked Assistant Commissioner Walter Nicole’s family Lady to give him a little time for him to quickly finish what he was doing so that he can attend to her. The furious Lady stormed out of the CID Office and went straight to Police Headquarter in George Street where Walter Nicole had an Office, to complain the CID Officer. Walter Nicole telephoned the CID Divisional Office asking to speak to the CID Officer who had gone to his CID Boss’s Office to hand in the completed assignment given to him. The Colleague who picked the call nicknamed Orworwor addressed his mate to Walter Nicole by his Police number. Walter Nicole responded by saying the man is an Officer, a Sub-Inspector, why still addressing him by his Police number? Sir, that is the name we all call him and he is ok with that Sir; Orworwor replied. Ok, tell him to report to me at Police Headquarter immediately he comes back, Walter Nicole replied. 4040 came back and was given the message to report to Walter Nicole at Police Headquarter which he went straight without delay. By that time I suppose so, his Police File was already in front of Walter Nicole’s desk waiting for his arrival. 4040 arrived at the Office, gave his smart Police Salute as usual. Without asking him a single question, Walter Nicole told him he has looked at his File and discovered he has never taken an annual leave since joining the Force over 20 years. He said he is sending him on compulsory 24 months leave with immediate transfer upon resumption of duty. The CID Officer concern was a family- friend who knew about my blood relation with late I.S.Kamara ( May His Soul Rests In Peace: Ameen Allah ) a Senior Police Hierarchy though Walter Nicole was 3 or 4 steps his Senior at that time. 4040 kindly asked me to take him to I.S.Kamara so that he can plead with him to speak to Walter Nicole on his behalf. I.S.Kamara who sympathised his predicament told him Walter Nicole is not an easy character to deal with even with his Superiors. Once he makes a decision, he hardly reverse it, I.S.Kamara said to 4040. He said I will give it a try but I can’t promise you. I never made a follow-up after that so I can’t say what the outcome was. 4040 live near Wellington while I was living in Easton Street near Kissy Road.
Jump the Queue for who I am, Orders from the above, are the two short statements that will forever govern us. Ahmad Tejan Kabbah came and Retired the Chief Justice, Ernest Koroma came and Retired another Chief Justice, the same goes for Maada Bio who came and sent the serving Chief Justice on compulsory Retirement. No break, no end in sight it doesn’t matter who occupies that seat as President. They operate an arbitrary system of Contract without Agreement with Power Politics at play. No one is safe!! I think they should all give thanks to Siaka Stevens who first created this Almighty Powerful Executive President Position that is here to stay as it serves the interest of come and go Leaders. To change a system you have to be the change yourself. None is ready for that change. We have Subversion of Powers not Separation of Powers.
