By: Tamba Steven Komba

The Magistrate Court in Masiaka has acquitted one Pa Morlai Kamara but convicted Sorie Ibrahim Koroma on charges of malicious damage, after a ruling delivered by His Worship Magistrate Harold Kamara Esq.

The two men had been standing trial under Section 51 of the Malicious Damage Act of 1861, which criminalizes the unlawful and malicious destruction of another person’s property. They were accused of destroying building structures, mud blocks, zinc roofing, and window frames worth more than Le 22,500 belonging to Foday Musa Kamara (PW1) and Ibrahim Koroma (PW2) in Ropot, Koya Chiefdom, on March 8, 2025.

In his analysis, Magistrate Kamara stressed the burden of proof in criminal trials, citing the English common law precedent of Woolmington v. DPP (1935) AC 462, which requires the prosecution to prove its case beyond reasonable doubt. He also referenced Sarh M’Bambay v. The State (Cr App 31/74) where Justice Livesey Luke, JSC, held that: “If at the end of the whole case, there is a reasonable doubt created either by the evidence given by the prosecution or the prisoner, the prosecution has not made out the case and the prisoner is entitled to an acquittal.”

The magistrate found that evidence from PW1 and PW3 consistently absolved Pa Morlai Kamara, even though he was present at the scene. “PW1 specifically told the Court that the 1st accused did not destroy anything… PW3 corroborates PW1 that the 1st accused was present but not actively involved in the malicious damage,” he ruled.

However, the court held that the prosecution proved its case against Sorie Ibrahim Koroma. According to Exhibit B1–B11, Koroma admitted in his voluntary statement that he went to the site with Pa Morlai Kamara, Barekeh Koroma, and four boys, and that “after all the exercise had been done, we left the scene”. The magistrate described his later denial in court as “very dishonest”.

The ruling emphasized that ownership disputes cannot justify violence: “Even if the accused has a genuine claim of ownership to the land, he is not entitled to take the law into his own hands by resorting to self-help and destruction of the complainant’s property”.

The court acquitted Pa Morlai Kamara but convicted Sorie Ibrahim Koroma, fining him Le 1,000 or, in default, 12 months imprisonment. He was further ordered under Section 54 of the Criminal Procedure Act 1965 to pay Le 10,000 to PW1 and Le 5,000 to PW2 as compensation within seven days.