By Amin Kef-Ranger
Supreme Court Judge, Hon. Justice Allan B. Halloway on the 19th July 2022, in agreement with two Court of Appeal Judges- Hon. Justice Jamesina King and Hon. Justice Komba Kamanda admitted Randa Skeiky to bail pending the hearing and determination of an Appeal filed by Lawyer Mohamed Pa-Momo Fofanah.
The State was represented by Aruna Jalloh Esq.
The application was filed by Lawyer Mohamed Pa-Momo Fofanah on behalf of Randa Skeiky by way of Notice of Motion dated the 16th June, 2022, principally for the Court to grant an Order admitting the Appellant/Applicant to bail, pending the hearing and determination of her appeal.
Madam Randa Skeiky, a Lebanese national and a convict who is involved in a Five Hundred Thousand United States Dollars case was at the Court of Appeal sitting in Freetown, granted bail in the sum of One Billion, Five Hundred Million Leones (The Old Leones).
Reading the judgment, the presiding Justice Allan Halloway said the decision of the Court of Appeal is based on the strength of the Appeal.
According to Justice Allan Halloway, Lawyer Mohamed Pa. Momoh Fofana had good grounds of Appeal, especially on the audio recording evidence which the Judge, Justice Alhaji Momoh Jah Stevens excluded during the trial with no reason; which might have raised a reasonable doubt as to the guilt of the convict.
“This is a serious flaw committed by the Court below,” Justice Allan Halloway stated.
The Appeal Court decision was supported, pursuant to Rule 58 sub-rule 8 of the Court of Appeal Rule 1985 and the Criminal Appeal case of Ibrahim Bah and Civil Appeal of Mustapha Amara, presided in 2003 by the then Court of Appeal Judge, Justice Nicollas Browne Mark, now Supreme Court Judge.
In their ruling, Justice Allan Halloway and two others described the decision of the High Court as grossly unfair to the Appellant Randa Skeiky; and there is a risk that she (Appellant) would have served her sentence by the time her appeal is completed.
He assured the State Counsel, Aruna Jalloh, of having nothing to lose if bail is granted.
Madam Randa Skeiky was admitted to bail with two sureties to stand in her recognizance.
The court also ordered Madam Randa Skeiky to surrender her passport and all her traveling documents to the Master and Registrar and shall not leave the shores of Sierra Leone without orders from the Court.
Justice Allan Halloway also ordered for a speedy hearing of the Appeal within three weeks.
The Appellant, Randa Skeiky is a convict, serving a total of six- years jail term after she was found guilty on two counts criminal indictment of larceny in a dwelling house to larceny by servant, contrary to the Larceny Act of 1916.
It would be recalled in 2018, Skeiky, being the Manager of Alie Abess General Transport in Kenema, was accused of stealing Five Hundred Thousand United State Dollars from her boss, Alie Abess` private safe while in care of his house and shop in Freetown in absentia.
During the trial at the High Court, the State Prosecutor, Aruna Jalloh led eight witnesses in total, including the complainant, Alie Abess, while the accused person now convict, led three witnesses in her defense