Judge Sends Police To 25 Years Jail

By Fatima Sesay

Justice Mark Ngegba J of the High Court has sentenced Mohamed Dumbuya, former police officer, to Twenty-five years imprisonment to the male correctional facility in Freetown on Thursday 27th November 2025 for possession of 50.0 grams of Kush.

He was arraigned on one count charge of unlawful possession of Drugs contrary to section 8 (a) of the National Drugs Control Act of 2008, Act No.10 of 2008

According to the particulars of offence, on the 27th February 2024 at Freetown in the western area, the convict was found in possession of 50.0 grams of kush without lawful authority.

When the charge was read and explained to the defendant, he pleaded not guilty

In his ruling before sentencing, justice Mark Ngegba informed the court that according to the basic legal principle, the prosecution has the responsibility to prove beyond reasonable doubt that the Defendant committed the offence charged and that any such reasonable doubt that arises from the facts of the case for the prosecution must be held for the benefit of the Defendant. It means that to secure a conviction, the prosecution must prove each of the elements of the offence charged. He noted that proof beyond reasonable doubt is not proof beyond every or any doubt at all. It means the prosecution must produce evidence enough to make him feel sure that the defendant committed the offence charged.

He added that in proving the charge, the prosecution called two witnesses and that each testified on oath and were cross-examined by Defence Counsel.

PW1 Joseph Stevens is attached to the Trans-national Organised Crime Unit (TOCU) as Forensic Analyst. His duties include to analyze drugs and other chemical substances submitted to him for analysis and expert opinion. On 11th March 2024, he received a Laboratory Request from Detective Sergeant 8602 Kelfala A. K. to analyse the following substances: a) 93 wraps of dried leaves substance suspected to be kush, weighing 50.0 grams and b) loose quantity of dried leaves substance suspected to be kush, weighing 800 grams, which was allegedly seized from the defendant. He said he conducted a presumptive analysis in the presence of the Defendant, which resulted in traces of synthetic cannabinoid, which is a prohibited substance. He said he then went on to conduct chemical analysis and microscopic crystal examination at the laboratory and discovered that the samples contained traces of synthetic cannabinoid. He tendered Exhibit ‘A1-2° which is the forensic report that he produced at the end of his analysis.

PW2 Prince Joe Kpandiwa Jabati, a Detective Police Sergeant attached at TOCU as the investigator, also testified on how he received a case and inquiry file bearing the defendant’s name for further investigation. He tendered the Defendan’s Voluntary Caution Statement.

At the close of the Prosecution’s case, the defendant elected to rely on his statement made at the police.

The defendant admitted to the allegation of being found in possession of the said drugs in both statements made to the Police. At page 2 of Exhibit B1-6.

In addition, the prosecution alleges that the possession of the said kush by the Defendant was unlawful. Pursuant to Section 17 of the National Drugs Control Act, 2008, the burden of proving that the possession of the drugs was done with lawful authority, lies on the Defendant. Furthermore, the prosecution must prove that the substances found in possession of the Defendant was indeed kush.

Analvsis of fact and law

The Defendant is clearly a “person” who, by his statements to the Police in Exhibits B1-6′ and C1-7′ respectively, has admitted the allegations against him as described in paragraphs 9 and 10 supra.The prosecution relied on the testimony of the PW1, Joseph Stevens the forensic annalist.

He said the legal principle which he hereby adopt is that this court can convict on the uncorroborated evidence of even a single witness, provided that the credibility, truth and accuracy of that witness is ascertained.

In conclusion, he said that in view of the evidence presented to the court, the Defendant was found in possession and admitted that he was in possession of the drugs, but failed to discharge the burden of proving that the prohibited substance was lawfully in his possession, pursuant to Section 17 of the National Drugs Control Act, 2008.

The allegation that the suspected substance was indeed kush was confirmed by the PW1’s testimony and the Laboratory report tendered as Exhibit ‘A1-2’, and there was nothing presented to the court to show that the substance was not kush as alleged.

”Considering the foregoing, I hold that the Prosecution has provided sufficient evidence to warrant a guilty verdict against the defendant. The defendant is therefor found guilty of the offence charged”, he ruled.

The defendant, in his allocutus, pleaded with the judge to temper justice with mercy, noting that he is a first time offender.

The matter was prosecuted by lawyer Ahmed J.M Bockarie from the law officers department, and in reply to the defendant’s plea, asked for the maximum sentence on the grounds that he should have know better.

Justice Ngegba having listen to them, sentenced the defendant to twenty five years imprisonment at the male correctional facility in Freetown.