S v The Honourable Mr. Justice F.C Gbow, Judge (SC MISC APP 6 of 93) [1994] SLSC 5 (22 June 1994)

f “TUTE SUPRDW couRr oF smmRRA 1ZONE BQ..NISO. APP. NO. 6/934 & B ‘BEIWEEN:~ ae THE scare = appLicate 4 aN ‘THE HONOURABLE MR. JUSTICE F.C..GBci,. JUDGE ‘RESPONDENT BX PARDE JULIUS spacer Dont sok ALFRED PaYITEE cone MOHAMED BaaiGuRA ALUSINE KaRG3O RaSuERU +=) appuscawrs ‘AND . i Di THB MAPTER OF AN APPLICATION BY JULIUS SPENCER, DOMED JOHN, PATTIE CONTE, WOMMED BANGURA AND ALUSINE KARGBO BKSIRU FOR ORDERS OF NANDIMUS PROMLDITLON AND CERTIORARI AND OTHER CONSEQUENZIAL ORDERS [4D DIRBOTIONS 3 ax IN MIE MATTER OF A RULING MaDE THE 3RD DAY OF DECEMBER, 1993 BY THE HONOURABLE JUSTICE F.C. GBOW, JUSTICE IN Tie AGH COURT OF STENRA LEONE TH CRIMTHAL INFORMATION DATSD THE 19TH DAY OF OCTOBER, 1995 FILED IN ‘HE FREETOWW HIGH COURT BEIVEBI:~ THE STATE 2x0 JULIUS SPENCER a DONALD JOHN $ ALFRED PAYZT=e CONTE: WOHAMED BANGURA ALISINE KARG3O BASTRO 3 AND : : IN THE MATTER OF AN APPLICATION UNDER SECTIONS 2545), 424 & 125 OF THE CONSTITUTION OF SIERRA LEONE ACT NO..6 OF 1997 AND IN THe MATTER OF ALLEGED CONTRAVENTIONS OF SBOTLON 25(1),. (4) & (5)

(8) F THE SAID CONSTITUTION AND SEOTION 25 THEREOF come Sou. BS = Ady CoJy > PRESIDING HON. MR, JUSCICE

5. BECCLES-DAVIES ~ 4 ee HON. MRS,JUSTICE A+Veh+ AWUNOR-RENNER ees |, HOW. MR, JUSTICE $.C+Es. WARNE rad | HOW, BR.. JUSTICE B.C. THOMPSON-DAVIS oe fl HONs, MR.. JUSTICE G.. GELAGAAKING prewne-Harke Bsqey and s: -Ea, Browne : Tenet’ Js Betts Bags, with him SaE. Berewa Bede y- NE up, neiRe Beas, for the Applicants. (Qts2) GaVeMe- Campbel2 Beary “De tei, " iba Davies (M6. Os" e Stat Aap, SUUAM-BWLe Bap., DeP.P.. with him Gy Atib ea Se Geansel for the State/ Respongeey SAO eqs, and Yalesiua V- Shenae :

BOGCLES DAVIES, AG. C.J.i~ i

© 12 January, 1994 ve granted leave to the applicants to apply for the erdere, af Mandamus, Prohibition ané Gertiorari respectively. ‘They have now applied for these epders., : The Histery | . ~ ‘The applicants were arraigned on 17 November 1993 tefere Gbow J, on a nine | ceunt indictment dated 19, October 1993. They were charged with the following’ | effences:> : “4, +seditious publication i ii. Publiching Defematory Libel 44d, Publishing False Reports Likely to injure the reputation of | | the‘ Government of Sierra Leone | i ive Knowingly publishing a false defanatory libel | vy. Publishing @ false report Likely to disturb the public peace. { The Application ‘ iFhos the tot,apriicant'a plea to she first comt of the iniictaent had bees recerged by the learned trial Judes, ur. Betts applied to gake certain . Go tes es sinew “eeceon' 28) ots cones ein SETS Leone 1991, nial essguatsuanat) ‘and in the woedn’9¢ the l9erars [ee “mumbly invited the « eek Lit itn cy nattonyte aover G2 OE questions raised to the Supreae Court ac.picera tasoy for a proneuncenme’s TH issues raised by Mrs Bette were that ~

4. The defence were Deine denied a fair hearing contrary to section 23 (1) of the constitution in view efethe extensive : pretrial pubticht of the facts involved in the trial, | So gon peegped vere. betne Brewed © B guinty of tho offences een wasen they wore changed and that that promumption had gwen ennapauentopenssne wide PFSETaA publicity in the | reodse contrary t section 25 (4) ef the Cenotitution, | ‘ 4. tie congraventson of poction 25 (1) of the Gonetitution, : mat, aoction previdest= |

"except with hie own censent, mo person shall "be nindred ina endement of Me feted of eas bdn Sc tus thal plvpans of ible: enbGten : the caid freedgn includes the freedon te held gpintons ant to receive and Sapart Seas ard i tntemation without interference, freedem fram Anteitugenoe’ with hie correepentence, treedan to own, sctablish and operate any wediun for the discemination af information, ideas and epinions, | and aceadense fresdon in institutions of Learning: Pravided that no persen other thas the Governrent or any person or body authorised by the President shall own, establish or operate a : television of wireless broadcasting station fo5 any : ___ purpose vinstecever" * : 4, Section 28 (“) and (3) of the Public Order fe contravened section 25 (1) of the Constitution. I have already cet rut section 25 [core ‘of the Constitution in 3 above. Section 28 (1) of the Public erder kot 1965 statest~ von the esial of an offence of 2ibel againat eections 26 or 271 the accused having pleaded ooh puea aw hereinafter aepesonedy the truth "ge tha oattore charged aay be inquired Ate: but shall ngt smount to a defencey unless it oy vs rodeo pone bonerse tant Oo add aAtPOTt Sasucl eno bo wauasott aad © SEIS : acayged ta,give evidence of the truth of eveh matters“ sharged as a defence texguch charge st shal) ‘be necessary fex the accused in pleading to the : said charge, to allege 19 writing the tush of ie sada mattera charged i *? manner F00* required in’ pleading © £047 comunt ond a eos a datamation end ‘Wuatyfication io a action *

| af i aa Leta ‘ further to ellege in writing that it vas far the public benezit that the said matters charged sheuld be published and the partieular fact or facts by reason vhersof it was for the public benefit that the said matters charged should be published to which plea that prosecutor shall be at liberty to reply generally, denying the whol thereof" “section 28 (3) provicess- * he matter charged in the alleged 1ibel cenplained of by such charge shall be prosumed to be false, and ‘the truth thereof shall in no case be inquired inte | in 'the absence of such plea as mentioned in aubsection am : The basis of the alleged contravention is the Ex-Officio information en‘which the accused were being tried, tho proofs of evidence and all those matters pertaining to the trial.

5. “Section 28 (1) and (3) ef” the Public Order fet set above, contravena Section 25 (1),, (4) and § (b) of the Constitution. Section 25 (1), (4) and (5) (b) provid ~ "(1) Whesever any person is charged with a criminal offence ho shall unless the chergs is : Vithdrawn, be afforded « fair hearing with & reasonable tine by an independent and inpertia) court established by law. a if :

(4) Bvery person whe te charged with = jfrininal : offence, ahall be presumed to be innecenk-untit he is proved, or has pleaded guilty? Hebvided that nothing contained én jtdone Under ‘the authority of any law shal be held’ £0 %e incedsistent with or ia contravention of the : subsection, to the extents that the lay in question Ampedts on any jovsca charg?! aforesaid the wurden: Woreving aviste der feet ij : :

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