By Hassan Gbassay Koroma
Magistrate Santigie Bangura of Court.2, would tomorrow, Wednesday, January 22nd, rule on the no-case submission presented by the legal team of Hawa Madiana Hunt, who is currently facing preliminary investigation at the magistrates’ court on allegations of using computer system to insult President Julius Maada Bio and First Lady Fatima Jabbie Bio.
Magistrate Bangura would determine the merit of the prosecution’s evidence and the no-case submission presented to the court, which will help him to decide whether the case should be referred to the High Court for trial or not.
The “no-case” submission was done after the state led two witnesses and closed its case.
Hawa Madiana Hunt faces two counts of sending insulting messages via a computer system, stemming from Facebook posts allegedly made between April 1 and April 30, 2024.
The video posted reportedly targeted the First Lady and President Bio, with claims it incited public disturbance and harmed their reputations.
Lead defence counsel, Rashid Dumbuya, cited procedural irregularities and accused the prosecution of persecuting his client rather than prosecuting the matter.
“This case is not just about insult, it’s a blatant disregard for due process by the prosecution,” he said.
Lawyer Dumbuya submitted that there is a “lack of sufficiency of evidence to warrant a committal of the matter to the High Court, raising jurisdictional issues and stating that his client was brought to the wrong court.
He further argued that the matter should have been taken to the High Court which has original jurisdiction over it and urged Magistrate Bangura to strike out the matter and discharge the accused.
Additionally, Lawyer Dumbuya pointed out an error on the face of the indictment, stating that the charges should not have been “sending insulting messages” as there is no such offence in the Cyber Security and Crime Act.
He also argued that the elements of the offence for which his client is being charged have not been proven by the prosecution.
Replying to the no-case submission, State Counsel, Yusif Isaac Sesay stated that the defence has misconstrued Section 17 of the Cyber Security and Crime Act and submitted that preliminary investigation is one of the vehicles used to approach the High Court.
“One cannot just go to the High Court, but there are vehicles, and Preliminary Investigation is one of those vehicles,” he said.
He read out a statement in which the accused admitted to the offenses she is standing trial for.
After hearing the defense’s arguments and counter argument, Magistrate Bangura withdrew the file for ruling.
He remanded the accused and adjourned the matter to Wednesday, January 22nd, 2025.
