Chief Internal Auditor, Ernest Ohue, has on Wednesday 22nd May 2024 testified against two Bloom Bank staff for and alleged fraud before the Principal Magistrate Sahr Kekura of the Pademba Road Court No.1 in Freetown.
Both accused appeared before the court on 10 counts of Larceny by Servant Contrary to Section 17 (1) (a) of the Larceny Act 1916.
And on 12 courts of causing money to be paid by False Pretenses as contrary to Section 32 (1) of the Larceny Act 1916, and on one count for a forgery of documents as contrary to Section 4 (1) of the Forgery Act 1913.
One count of altering forged documents which is contrary as provided by section 6 (1) (2) of the Forgery Act 1913. The accused were held on another count as conspiracy to defraud a person which is contrary to the law of the land.
The indictment stated that both accused between January 2nd, and August 31st 2023,
Human Resource Officer at Bloom Bank Sierra Leone Limited, Musa Joseph Sesay and a student of College of Excellence and Digital Technology on diverse dates between Monday 2 January 2023 and 31 August 2023, at Bloom Bank Sierra Leone Limited at No.3 Rawdon Street, Freetown, with intent to defraud, conspired together with other person’s unknown and defrauded Bloom Bank Sierra Leone Limited the sum of 619,000 new Leones.
On count 2 to 11, Joseph Sesay was accused of stealing EDSA bill meant for payments.
Count 12-22 state that the second accused Joshua Gbanyah on diverse dates between October and November 2023, with intent to defraud unlawfully caused money to be paid by Bloom Bank Sierra Leone Limited as EDSA bill of six hundred and Nineteen Thousand New Leones to Tamba Pessima whom he presented to the said bank as EDSA agent which is known to be false.
On count 23, the second accused Joshua Gbanyah on diverse dates between Monday 2 October and Thursday 30 November 2023 at Freetown, with intent to defraud, forged certain documents to wit one College of Digital Excellence statement of result bearing the name Joshua Gbanyah dated 16 October 2023, with ID number 19364 purported to have been prepared and singed by the Office of the Registrar C.O.D.E which is known to be false.
Count 24 states that the second accused Joshua Gbanyah on the same date at Bloom Bank Sierra Leone Limited, Freetown, with intent to defraud, he altered certain forged documents to wit one College of Digital Excellence statement of result bearing the name Joshua Gbanyah dated 16 October 2023, with ID number 19364 purported to have been prepared and singed by the Office of the Registrar C.O.D.E which is known to be false.
The prosecution intimidated the court that they wanted to discharge the old charges that the accused were standing trail for and transferred all information into a new file and brought as fresh file.
In reply the defense counsel said the application is baseless for the defense as this is prosecution by ambush and they were not served with the new information.
The defense said the witness was already in the middle of his testimony and the prosecution is tailoring the matter to suite their case.
The defense said the manner was prejudice to the accused and he said what they are bringing now is out of court procedure stressing that it is an afterthought and it was not investigated, the defense said in court.
Lawyer C Pujeh representing the second accused said the prosecution had brought a new charge without the knowledge of the accused. He said the prosecution did not bring it to their notice and he said the prosecution is never fair to the accused. He said if the prosecution is discharging the matter let them discharge it but transferring the twenty four counts charges into a fresh file is not fair to the accused.
The prosecution in reply, said they are in conduct of the matter and their responsibility is to supply the court with tangible information to help their case.
The prosecution said the charges are mere charges; he applied Section 105 of the Criminal Procedure Act 36 of 1965 which gives them the authority to make amendment of such substances, he stated in court.
In his ruling Magistrate Kekura said it involves several issues as the accused now has to file whether to retain the new file and discharge the old file.
He therefore granted bail in the sum of Five Hundred Thousand New Leone two sureties in like sum to be gainfully employed from a recognized institution; to produce their identity cards; to be responsible citizens, and to produce the recent NCRA identity cards in Freetown.
The bail was to be approved by the deputy assistant registrars, and the matter was adjourned to the 31st May 2024.