In a landmark judgement delivered at the Magistrate’s Court Holden at Mattru Jong, Resident Magistrate, Abdulia Bewei, on Tuesday, 26th August 2025, acquitted and discharged five accused persons who had been arraigned on two counts of conspiracy contrary to law and larceny contrary to Section 2 of the Larceny Act, 1916.
Particulars of the Offense under Count One stated that on Thursday, 2nd January 2025, Mohamed Bockarie, Dauda Sesay, Joseph Foday, James Tucker, Jusu Bobor French and Ibrahim Moriba conspired together with others unknown to commit a felony to wit larceny at Foison Resources Sierra Leone Limited Company, Semabu Village, Sogbeni Chiefdom, Bonthe Judicial District, in the Southern Province of Sierra Leone.
Count Two alleged that the same accused stole 5,000 litres of diesel each valued at Le28.00, totaling Le140, 000.00, property of Foison Resources Sierra Leone Limited Company.
All six accused persons pleaded not guilty to both counts.
The Prosecution, led by Lukman Sesay Esq., acknowledged that the burden of proof lay entirely with them, referencing landmark rulings in Woolmington v. DPP (1935) and Miller v. Minister of Pensions (1947) 2 AER 372.
In support of its case, the Prosecution called five witnesses, including PW1, Seray Jalloh, Operations Manager at Foison Resources SL Ltd. He testified that all accused persons were employees of the company, noting that the 1st and 2nd accused were Shift Supervisors, the 3rd, 4th, and 5th were Plant Workers, and the 6th accused was the Morning Shift Head of Security.
PW1 recalled that on 2nd and 3rd January 2025, he was informed by Security Officer, Amara Sheriff, that Sylvester Kemokai had reported a fuel spillage at the generator house. Upon review of CCTV footage on 6th January, he claimed to have seen the 2nd accused, Dauda Lansana, signaling unidentified individuals stealing fuel, and identified one security officer, Hassan Jalloh, who was never charged.
PW5, Li Qian Hua, a Chinese national and employee of Foison Resources, testified through an interpreter, corroborating PW1’s account. He stated that the locks at the fuel station had been tampered with and CCTV footage showed individuals stealing fuel. He identified the 2nd accused, Dauda Lansana and one Hassan Jalloh, who appeared to be covering a spillage with sand. The footage was transferred to a flash drive and tendered in court, though no physical evidence of stolen fuel was produced.
It was established that only the 2nd accused, captured on CCTV during the night shift (12 am–2 am), was directly linked to the alleged theft. The other accused persons, who worked morning shifts (8 am–4 pm), presented alibi defenses.
Defense Counsel, Jonathan Hindolo Kurabu Esq., argued vigorously for the accused, relying on Section 23(4) of the 1991 Constitution of Sierra Leone and stressing that the Prosecution failed to meet the burden of proof. In his 24-page closing address citing over 50 decided cases, he argued that the alleged conspiracy lacked evidence of agreement, intent or overt acts. On the charge of larceny, he submitted that no proof existed that the accused unlawfully took property with intent to permanently deprive the owner.
He further challenged the admissibility of the CCTV footage under the Evidence (Documentary) Act, Cap 26, stressing issues of chain of custody, poor quality and procedural flaws. Jonathan Hindolo Kurabu highlighted that no accused was ever found with stolen fuel and the entire case was circumstantial.
Citing cases such as R v. Lifchus (1997), Holloway v. United States (1999), R v. Onufrejczyk (1955), and R v. Walle (2012), he reminded the court that circumstantial evidence must be strong, consistent with guilt and inconsistent with innocence to support a conviction.
After reviewing arguments, Magistrate Abdulia Bewei ruled that there was compelling evidence only against the 2nd accused, Dauda Lansana, who was found guilty on both counts and sentenced to 35 months in prison. The remaining five accused were acquitted and discharged for want of evidence.
Following the judgement, Defense Counsel J.H. Kurabu Esq. lauded the decision as just and promised to engage Foison Resources Sierra Leone Limited Company for the reinstatement of his acquitted clients and the refund of their eight months’ withheld salaries.
