High Court issues second bench warrant for Kamarainba and surety

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By Elizabeth Kamara

Mohamed Kamarainba is facing multiple trials in Sierra Leone

The High Court in Freetown has issued a second bench warrant for Mohamed Kamarainba and his surety, Isha Mansaray, following their continued absence from legal proceedings. The ruling was made on Thursday, February 27, 2025, at Court No. 12 in Freetown.

During the hearing, defense counsels M. Pious Sesay and F.S. Koroma, representing the appellant, informed the court that they had recently taken over the case and required additional time to review the necessary documents.

Sesay further explained that their client was currently outside the court’s jurisdiction due to medical reasons.

Presiding Judge, Justice Allieu, stated that Kamarainba had previously failed to appear in court, leading to the initial issuance of a bench warrant. With both the appellant and his surety absent once again, the court demanded an explanation from Isha Mansaray regarding Kamarainba’s whereabouts.

Justice Allieu emphasized that, under criminal law, a surety is legally responsible for ensuring the appellant’s court appearances and must also be present during proceedings. He warned that if the surety failed to appear, the case could be dismissed.

Lead prosecutor Yusuf Isaac Sesay cited Rule 53, Sub-rules 5 and 6, which mandate the appellant’s presence at all appeal hearings.

He argued that in Kamarainba’s continued absence, the court has the authority to proceed summarily, dismiss the appeal, and enforce the arrest warrant. Additionally, the prosecution held Isha Mansaray, of No. 7 Tucker Drive, Mande Town, Western Area, accountable for violating her obligations as a surety.

Justice Momoh Jah Stevens urged the defense to ensure the surety’s presence in court, stressing the importance of maintaining proper judicial records. Due to the absence of both parties, the case was adjourned to March 6, 2025, for further hearing.

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