By: Alimatu Kargbo
A person identified as Malador, not Malador the owner of the filling stations within Freetown, appeared before Magistrate Mustapha Briama Jah at Pademba Road Court to answer to a charge of cyberbullying, brought under the Cyber Security and Crime Act of 2021.
During proceedings, Lead Defense Counsel C.I. Williams raised a preliminary objection, arguing that the case should not proceed. He cited Section 44(3)(a) and (c) of the Cyber Security and Crime Act, stating that the matter was already reported to the police by the accused in 2024, and that the complainant, a serving RSLAF personnel, had failed to present himself to the police during the investigation.
Counsel Williams submitted that continuing with the current case would “offend the conscience of justice,” referring the court to the Supreme Court case SCK 1-2017 (State vs. Abraham Lavahli and 9 others) to support his application. He requested that the case be stayed until the complainant complies with the earlier police investigation.
However, Prosecutor Daniel Koroma strongly objected to the defense’s application, dismissing the referenced Supreme Court case as “epileptic and irrelevant.” He further argued that the defense had presented no evidence to support claims about the complainant avoiding the police. Koroma emphasized that the matter at hand involves cyberbullying, not false pretenses, and pointed out that the police acted under instructions from the Director of Public Prosecutions (DPP).
“My Lord,” Koroma stated, “we rely on evidence, and none has been provided by the defense to back their assertions.”
In a brief ruling, Magistrate Jah stated:
“Having listened to the defense’s submission and the prosecution’s objection, I am satisfied that the charge before this court relates to cyberbullying. If the defense has objections, they should be raised during the trial. I therefore order the court registry to put the charge to the accused.”
At this junction Bail was granted, and the matter was adjourned to 1st September 2025 for further hearing.
