Njala demonstration stretches LAB to the limit

Njala demonstration stretches LAB to the limit
The Legal Aid Board office in Freetown was stretched to the limit following the storming of the office by desperate students of the Njala University seeking the intervention of the Board to secure the release of their colleagues who had been arrested and held in police cells around the city.
On a normal weekday, you would expect at least forty people crammed in the Freetown office to seek the services of the Board. The situation on Thursday, March 23 was characterized by mild chaos as too many students wanted to visit the office to provide updates on students arrested by the police.
The team of Legal Aid Board staff comprising Bankole Morgan and Anthony Karim Kamara negotiated the release of five of the six students detained at the Central Police Station. One was not released because of an alleged inflammatory statement to bring the city on its knees.
The Executive Director of the Legal Aid Board, Ms. Fatmata Claire Calton-Hanciles, cancelled some engagements to be on the phone with senior police officers in the city to secure the release of students. She spoke with the Inspector General (IG) of Police Francis Alieu Munu, the Local Unit Commander (LUC) for Lumley, Chief Superintendent Shyllon and the Regional Commander West, Assistant Inspector General of Police (AIG) Kelie.
Ms. Calton-Hanciles and IG Francis Munu spoke about the demonstration and the fact that the student leaders who visited the office including the PRO for the National Union of Sierra Leone Students (NUSS), Michael Mitchell Conteh have shown remorse. IG Munu assured that the police would release those they do not have any evidence against.
The Bo office also had a fair share of the turbulence as the staff had to close the office for their safety and work from an undisclosed location. The Board staff worked with the Southern Province Security Committee Members to restore calm in the township. Kenema Town also experienced some disturbances, but the office managed to remain open to the public.
Meanwhile, Ms. Calton-Hanciles has written to President Ernest Koroma to intimate him on the Board’s intervention in representing the students as its mandate demands. Also, the Board has prevailed on the students to keep the peace and stop all demonstrations as we await the University Senate decision on the matter. ‘We pray your speedy intervention into a swift resolution of this matter, as the students have a matter of days, after which it becomes practically impossible for them to have their academic year on course,’ the letter reads.

By: Joseph Dumbuya

LAB secures discharge of ‘violent’ youth

LAB secures discharge of ‘violent’ youth
As the Legal Aid Board prepares to provide legal assistance to indigents and children engaged in election related violence, it has successfully secured the discharge of a twenty-five old from Wilberforce in the West of Freetown charged with violence.
The Legal Aid Defence Counsel Hadiru Daboh secured the discharge after drawing the court’s attention to the failure of the complainant to attend court sittings for seven consecutive adjournments. What’s more, the complainant has not furnished the court with any reasons for his absence. Magistrate I.S. Bangura agreed with the Defence Counsel and discharged the matter. He noted that discharge would not stop the prosecution from reinstating the matter in future.
The accused, Alpha Kanu who plied his trade as driver and apprentice at the Wilberforce lorry park got involved in a fight with his boss Michael Aruna in February 2017. He was arrested and taken to the Congo Cross Police station following a complaint by his boss. According to Alpha Kanu, his injuries were ignored by the police even though they were more serious. He spent fifteen days at the Congo police station before the matter was charged to court.
The Executive Director of the Legal Aid Board, Ms. Fatmata Claire Carlton-Hanciles described the discharge as a test case which has been won. ‘We will be representing accused charged with election related violence,’ she said. ‘This case has, in some way, prepared us for the task ahead in terms of approach and legal arguments.’
According to Carlton-Hanciles there are lessons to be learned. ‘The complainant is not interested in justice, he is only interested in having the accused locked up which he succeeded in doing,’ she said. ‘We have too many such cases in our justice system, we have to find a way of punishing those who undermine the justice delivery system in this manner. I have a feeling we will have a lot of such cases in the election period, wherein people take matters which could be resolved in the community to the police to have their opponents lock up. We will be very ruthless with people who use the justice system to witch hunt or punish their opponents.’

LAB appeals closer cooperation with prisons

LAB appeals closer cooperation with prisons

The Executive Director of the Legal Aid Board, Ms. Fatmata Claire Carlton-Hanciles has called for closer cooperation with the Sierra Leone Correctional Service to promote access to justice for children.

‘The Correctional Service officers need to share information with our Paralegals regarding children in their custody so that we can provide them legal assistance,’ she said. ‘We wouldn’t know if the information is not made available to us because we do not expect children to be kept in correctional centers meant for adults.’

Ms. Calton-Hanciles made the call following the decision of the Correctional Service authorities in Kono not to admit children into the adult correctional center. This means child suspects refused bail will now have to be transported to Bo or Freetown, the only places with a remand home in the country. Ms. Calton-Hanciles   want those in other centers around the country to follow suit.  

Ms. Calton-Hanciles said that unlike adults who are subjected to the ‘Means Test’, children benefit from the scheme without any precondition. ‘Those kept in remand homes have benefited from the Board without any delay because our paralegals visits the homes regularly and inform the Juvenile Lawyer who represents them in court.’

The Board has incorporated peace messages into its school outreach programmes.     These messages will empower children so that they are not used by unscrupulous politicians to wreck violence. This includes things to watch out for to avoid being used. This includes free alcohol, marijuana and other drugs. Also, those who are below eighteen should not attend rallies, while those who are above eighteen should attend small rallies during the day. 

Ms. Calton-Hanciles also disclosed that the Board will be providing legal assistance to children involved in election related violence and therefore want to have the Correctional Service officers on board to provide information as and when children are arrested.  

Also, the Board will be contributing towards a violent free election through its community and school outreach programmes. Already, the Board has instructed the eleven newly established Community Advisory Bureaus to organize outreach programmes geared towards ensuring peaceful elections. 

LAB partner deploy Paralegals in Waterloo

LAB partner deploy Paralegals in Waterloo

The Executive Director of the Legal Aid Board, Ms. Fatmata Claire Carlton-Hanciles has called on the people of Waterloo to complement the efforts of the Legal Aid Board, Lady Ellen Women’s Aid Foundation and the Open Society Initiative for West Africa (OSIWA) by reducing the crime rate in their community.

Ms. Carlton-Hanciles observed that Waterloo is among areas of the country with the highest crime rate. ‘Most of our clients in the Ross Road Courts in Cline Town in Freetown are from Waterloo and some commit very serious crimes like Sexual Penetration and Wounding with Intent,’ she said.

Ms. Carlton-Hanciles delivered the keynote address at the ceremony in which six Paralegals who are part of legal aid project implemented by the Lady Ellen Women’s Aid Foundation (LEWAF) were introduced to the Waterloo Community at the Frandie Hall in Waterloo on Saturday, 18 March 2017.

The project promotes access to justice for women and girls. It is funded by the Open Society Initiative for West Africa (OSIWA)/Open Society Foundations (OSF) under the Legal Empowerment Shared Framework Programme.

Ms. Carlton-Hanciles premised her address on the meaning of justice, its importance and progress in promoting access to justice since the establishment of the Legal Aid Board in May 2015. She observed that the challenges Waterloo face in reducing the crime rate and promoting access to justice can be attributed partly to the fact that the area receives little attention from non-governmental organizations compared to other parts of the country. ‘These organizations jump over Waterloo and take assistance to other parts of the country,’ she said.

She noted that progress is being made to address this problem. The Legal Aid Board has already opened an office and have a lawyer stationed in Waterloo. Also, LEWAF is establishing a presence with the deployment of Paralegals and the opening of an office.  This she noted will impact positively on access to justice in the community in terms of response to justice needs in the community, providing assistance to suspects, ensuring the police do their job in a professional and lawful manner, providing legal assistance to clients, legal education through outreach and keeping an eye on the informal justice sector which is access by majority of the people.

She said the Paralegals will reduce tensions in the community by mediating minor cases which would otherwise remain unresolved. This is because they cannot afford to hire a lawyer should the matter be taken to the courts. This causes bad blood which lingers on with unforeseen consequences.  ‘For instance, if a trader is owed Le 500,000 for her palm oil, she would decide not to take the matter to court because she will spend more to hire a lawyer,’ she said. ‘This is how tension builds up in the community and explode into violence.’

Reacting to concerns about continuity upon the expiry of the project, she assured that discussions with donors and stakeholders are already going on to ensure the Paralegals continue to render services when the life of the OSIWA-funded project ends by February 2018. She added that the Board will also recruit more Paralegals for Waterloo.

Ms. Carlton-Hanciles was also quick to point out that the people also have part to play to improve access to justice.  She called on them to take the lead in reversing the negative image about the crime rate in Waterloo by becoming advocates for justice.

The Executive Director of Lady Ellen Women’s Aid Foundation, Mohamed Jalloh drew attention to the deprivity and inadequate social amenities in the Waterloo Area. He noted that violence and other forms of human rights abuses are endemic in the Community and majority of the victims are women and girls thus the decision to focus on them. He underlined the challenges women and girls face in accessing justice which he attributed to the cost, illiteracy and lack of a clear understanding of how the system works.

He noted that domestic and gender based violence are rife in the community. He said his Paralegals will work with the police, courts and the community to improve access to justice for women and children. He added that the Paralegals will ensure a swift settlement of minor disputes so that people will not have to resort to the police.

The Chairman of the ceremony, Mr. Lesley Whenzle who was former Headman for Waterloo described Waterloo as unique in the sense that it links the capital Freetown to upcountry. In addition, a lot of villages depend on Waterloo for their livelihood. These include criminals who cause problems including theft and rape. He lamented that teenage pregnancy is also a serious problem. He assured that they will worked with LEWAF to address these challenges.

The Headman for Waterloo, Denise Omojowo Brown said the crime rate shames the authorities in the community. He noted that there have been cases where people have used money to undermine cases of rapes. He urged all to spread the message that every support will be given to LEWAF and its paralegals to ensure money does not stand in the way of access to justice and human rights.

The women’s representative, Yema Conteh who is the Director of Woman 4 Wamen said a lot of women suffer in silence because they cannot afford to access the justice system both in the formal and informal sectors. She said women are having challenges in accessing the justice system because women’s issues are not treated serious.

The representative of the Sierra Leone Police, Edward Senesie of the Waterloo Police Station pledged the commitment of the police in working with LEWAF to promote human rights in the community. Similar sentiments were expressed by Councilor Umar Sesay and Councilor Unisa Kister of the Waterloo community, the Chairman of the Petty Traders Union Albert Tarawally, the Temne Tribal Headman, the representative of the youths, Unisa Kamara and the Ministry of Social Welfare, Gender and Children’s Affairs.

The ceremony was climaxed with the symbolic presentation of the keys to three motorbikes to the Executive Director of LEWAF, Mohamed Jalloh by the Executive Director of the Legal Aid Board, Ms. Fatmata Claire Carlton-Hanciles. The bikes will be used by the Paralegals to respond to justice needs in the Waterloo Community.

    

LAB opens 4 Community Bureaus in Freetown

LAB opens 4 Community Bureaus in Freetown

The Legal Aid Board has opened four more Community Advisory Bureaus  (CAD) in Four Wards in the East of the capital Freetown on Wednesday, 15 March 2017.  The Bureaus are located in Ward 347 covering Wellington Central in Bottom Oku, Maxwell and Palmer streets; Ward 350 covering Peacock Farm, Loko Town, Koya Town and Upmountain and Estate; Ward 351 covering Allen Town and its environs and Ward 353 covering Congo Water, Haja Fatmata, Newstead Lane and Post Office.

The formal opening of the four Bureaus by the Executive Director of the Legal Aid Board, Ms. Fatmata Claire Carlton-Hanciles follows the training of 96 volunteers at Maxwell Street in Wellington.  Ms. Carlton-Hanciles formally opened the Bureaus with these few words:  

‘On behalf of the Attorney General and Minister of Justice and Justice Sector institutions, I have the honour to formally launch the Community Advisory Bureau which will contribute to bringing justice to the Ward.’  This was followed by the handing-over of relevant documents for use of the Bureaus. These include copies of draft Invitation Letters, General Referral and Maintenance Agreement Forms to the respective Councilors.

The opening of the Bureaus came about a little over two weeks since the opening of four other Bureaus in the Wellington and Calaba Town Area in the East and nearly a month since the opening of the first set of three Bureaus in Lumley and Wilkinson Road area in the West of Freetown. This development brings to eleven the total number of Bureaus in the Western Area and by extension the country.

The Executive Director of the Legal Aid Board, Ms. Fatmata Claire Carlton-Hanciles told the volunteers that their priority should be to reduce the numbers behind bars in the country which is very alarming. She lamented the increase in the numbers behind bars, resulting in overcrowding in correctional centers.

‘We have done our best to reduce the prison population since we started operations in May 2015 but have failed, we have to be honest,’ she said. ‘In 2016 we provided legal assistance to 26,000 poor people and were hopeful to decongest the correctional centers but the figures have been grim.’

She urged the Bureaus to come up with initiatives to reduce the number of matters taken to the police. According to Ms. Carlton-Hanciles many such matters could be prevented through community level meetings to address potential areas of conflicts.   She added that many matters taken to the police, especially civil matters, could be better resolved by the bureaus because the parties are also reconciled.

Ms. Carlton-Hanciles took time to educate the volunteers on how to mediate some of the most common law and order issues in the community. She noted the Bureaus should not hesitate to mediate issues of husband and wife, debts, land, landlord and tenant, inheritance and property.

Ms. Carlton-Hanciles urged the volunteers to live up to the confidence reposed in them by the groups they are representing in the Bureau. ‘You will become irrelevant the moment you lose the confidence of the people and this has the potential to undermine confidence in the Bureau,’ she said. 

She urged the volunteers to be neutral and stand up for the truth noting that everybody is equal before God and the law.

Papers were presented on the relationship between the Bureaus on one hand and the Legal Aid Board and legal aid providers on the other, Monitoring, Supervision and Reporting mechanism, Support of the Legal Aid Board to the Bureau and the relationship between the Bureau and the media.

The Chair of the Police Partnership Board for the East, Alhaji Algassimu Sesay said the people should count themselves lucky for being among the first to have the Bureau in their Ward. He stressed that they should therefore treated them with utmost seriousness to promote peace and security in the community. He praised the Board for ensuring the release of result of 253 pupils of the Trinity International Secondary School in Allen Town by the West African Examinations Council.

The  Councilors of the four Ward - Councilor Mohamed Tholley of Ward 350, Shedrack Kargbo of 353, Thaimu Bangura of 347 and Alhassan Bangura of 351 – pledge to provide the necessary support and to do  everything possible to ensure they succeed.

Similar sentiments were expressed by the representative of the chiefs, Lamin Sow; the Imam Alhassan Amin Samura, Pastor Jonathan Turay, youth leader Ibrahim Sesay, Women’s leader Aminata Minka and   Philip Gbow an opposition politician. 

LAB decongest prison In Koidu

 

LAB decongest prison In Koidu

The Executive Director of the Legal Aid Board, Ms. Fatmata Claire Carlton-Hanciles has hailed the authorities in the justice sector in Kono for decongesting the prisons. This follows the bold decision not to admit juveniles into the correctional center in the city. Reason being the center is not meant for juveniles.

 ‘This is the lawful thing to do because the whole of Kono District like ten other districts upcountry do not have a detention facility for juveniles,’ she said.  ‘Child suspects or accused refused bail should either be sent to Bo or Freetown which have a juvenile home. Before now, the juveniles refused bail are not sent to the remand home in Bo but kept in the adult correctional center. We have spoken against keeping juveniles in adult cells and prisons. We are delighted the prison authorities in Kono have listened to us.’

The decision not to admit juveniles into the correctional center came about after series of meetings between court officials and the Legal Aid Board Lawyer Ibrahim Mansaray.  

According to Lawyer Ibrahim Mansaray, the Magistrate in Kono, Ibrahim Yillah has been very cooperative in granting bail to juvenile offenders. Also, in cases where there are no sureties, he would grant self-bail for minor offences.     

The disclosure was made at a meeting the Legal Aid Board and Child Protection Officers of United Nations Children’s Fund (UNICEF) in the conference room of the Ministry of Justice, Guma Building in Freetown. The meeting discussed legal assistance to juveniles and the recruitment of children by criminals to perpetuate violence especially during elections.

By: Joseph Dumbuya

LAB resolves dispute over property in Kissy

LAB resolves dispute over property in Kissy

The Legal Aid Board’s Alternative Dispute Resolution on Tuesday, 7 March 2017 resolved a long standing dispute in respect of a property on Newcastle Street, in Kissy, Freetown between one Mr. Solomon Samba Mansaray and his seventy-seven year old elder sister Madam Marian Kamara who is in the country on holiday from the United States of America.

The two who had not been on speaking terms were reconciled. Both promised to work together in the interest of peace in the family. In this vein, Madam Marian Kamara agreed to cancel a U$ 400 debt owed by Mr. Mansaray. 

While the tension between the two had been lingering several years, Mr. Mansaray decided to report the matter to the Board in Freetown when he got information that Madam Marian Kamara was planning to sell the property.   The owner of the property who is the sister of both parties had died over a decade ago without leaving a will.

The documents for the property including the conveyance were left with Mr. Mansaray,   which he later gave to her sister for safekeeping. However, her refusal to return the documents to Mr. Mansaray led to tensions and mistrust between the two. 

Madam Marian Kamara denied planning to sell the property. She said she understands the property belongs the family and therefore a decision to sell it has to be made by the family.

The ADR got both parties to understand the laws relating to inheritance. It also got them to agree that the property belongs to the family of the deceased and that no single member can lay exclusive claim to it. 

LAB secures discharge for 6 school children

LAB secures discharge for 6 school children

The Legal Aid Board scored a major success in providing legal assistance to children in the courts by securing freedom for six in a single day, on Monday, 6 March 2017. The six were charged with offences ranging from assault to wounding with intent, wounding and assault and unlawful possession.  

According to the Juvenile Lawyer for the Board, Joel Deen-Tarawally, four of the accused were discharged, one was acquitted and discharged and another was acquitted on one count and convicted on another.

One of the four discharges is a school girl charged with wounding with intent. Lawyer Deen-Tarawally applied for her discharge for want of prosecution. He drew the attention of the court to the repeated absence of the Prosecuting Counsel and witnesses to testify in the matter. The application was upheld by Magistrate Otto During.  Prior to the discharged, Defence Counsel Deen-Tarawally secured bail for the accused on 13 February 2017.   

In an interview with the girl during pre-discharge briefing at the offices of the Board, she said she is a pupil in one of the secondary schools in Brama Lane. She said she was arrested on the 28 November 2016 for wounding a boy. She said the matter was reported to the Kissy Mess Mess Police Station by the boy’s sister.  According to the girl, she spent several days in police cell before the matter was charged to court.

Another accused a seventeen year old Junior Secondary School pupil in one of the schools in Fourah Bay in the East of Freetown. He was charged with unlawful possession of a mobile phone. He was arrested along Kissy Road on 10 February 2017 for stealing a mobile and taken to the Ross Road Police Station. The accused was discharged after being cautioned by Magistrate Otto During of the Juvenile Court No. 8 as a result of the plea in mitigation by the Board’s Defence Counsel Deen-Tarawally. The accused had earlier on pleaded guilty to the allegation.  

Defence Counsel, Deen-Tarawally made another plea in mitigation for a sixteen year old from Guard Street and its environs who had pleaded guilty to wounding with intent.  The accused was cautioned and discharged.

The Executive Director of the Legal Aid Board, Ms. Fatmata Claire Carlton-Hanciles urged the kids to return to their respective school the next day. ‘You should make sure you go to school every day, study hard and do all your assignments and respect your teachers,’ she encouraged the children. ‘Education will never fail you. It will make you a better citizen.’

Ms. Carlton-Hanciles seized the opportunity to call on all the relevant Ministries, Non-Governmental Organizations and agencies to provide the kid with the necessary support. ‘We will help you track the children in their respective communities so that you can provide them the necessary support to rebuild their lives and help them not to reoffend,’ She said.

LAB kick start nationwide registration of legal aid service providers

LAB kick start nationwide registration of legal aid service providers

The Sierra Leone Legal Aid Board has in a public notice commenced the provisional accreditation of legal aid service providers in the country. The exercise will end on the 31 May 2017. Those who fail to register within the deadline would have committed an offence under the Legal Aid Act 2012. The Act provides that an organization which provide legal aid without being accredited ‘commits an offence and is liable on conviction to a fine not exceeding thirty million leones or an imprisonment for a term not exceeding three years.’

Explaining the benefits of being accredited with the Board, the Executive Director of the Legal Aid Board, Ms. Fatmata Claire Carlton-Hanciles said the certificate will be used to recognize credible legal aid service providers, which is needed by both government and donors in dealing or providing support to them.

According to Ms. Carlton-Hanciles accreditation will bring much needed transparency and openness in the operations of legal aid service providers. ‘It will give an idea of the number of service providers, areas of the country they operate and target beneficiaries,’ she said. ‘It will also ensure accountability in the sense that people will know the amount of support and funds provided to the service providers and the impact this is having on beneficiaries.’

Ms. Carlton-Hanciles added that the exercise will help the service providers to coordinate their interventions. This will prevent wastage and duplication of interventions. ‘Even though we do not have the resources including human to services all those who qualify for legal aid, accreditation of service providers will ensure we impact as many people as we possibly can.’

The Legal Aid providers are required to pick up Accreditation Forms from the Legal Aid Board office classiest to them. The forms will be processed, approved and certificate issued in any of the Legal Aid Board offices around the country.

Ms. Carlton-Hanciles said that on the expiry of the May 31 deadline, donors are required to provide support or funds to those who are accredited and recognized by the Board. 

Why you should support the Community Advisory Bureau in your Ward

Why you should support the Community Advisory Bureau in your Ward

The Legal Aid Board opened four Community Advisory Bureaus (CAB) in Wellington and Calaba Town on 28 February 2017. This is the second set of Bureaus, the first being the three in the Lumley and Wilkinson Road area in the West of the capital Freetown.  The latest addition brings to seven the total number of Bureaus in the country supervised by the Board. This will continue in the coming weeks and months.

The Bureaus are non-political and non-profit. They are run by volunteers drawn from the Ward and reflect the shades of opinion therein.  The CAB is an initiative of the Board which was borne in the second half of 2015 following consultations with civil society groups and partners in the justice sector on expanding access to justice.

The consultations took place against the backdrop of constraints faced by majority of the people in accessing justice.  There is a strong feeling among partners that access to justice is expensive, complex and fraught with chronic delays. Ignorance about the legal system has not been helpful. In addition, the formal court is perceived as intimidating because proceedings are not conducted in the local language and the judgments rarely take into account the culture and tradition of the people.  Also, the formal courts are far removed from remote communities as a result their impact is hardly felt by these people.

For these reasons and several others, many aggrieved people take solace in committing their grievances to divine intervention rather than seek redress in the courts, be it in the formal or informal including those outside the Local Court Act 2011.

These consultations culminated in a stakeholders’ workshop in June 2016 at the Atlantic Hall of the National Stadium Hostels to educate and discuss ideas about the Bureaus. The workshop was climaxed with the formation of a Community Advisory Bureau Working Committee to work with the Board’s consultant to develop the bye-laws for the Bureau.

This was followed by another workshop in July 2016 in which the Community Advisory Bureau Working Committee adopted the Bye-Laws. In addition to the Working Committee, the Workshop attracted twelve Tribal Headmen from the Western Area, Councilors from the Western Area Urban and Rural District Councils, representatives of the Sierra Leone Police, the Sierra Leone Correctional Service, National Youth Commission and civil society groups.

This paved the way for community level engagements to kick-start the setting up of the Bureaus. The Outreach Section of the Board has been organizing series of sensitization meetings and consultations with key actors in Wards in the Western Area.

This resulted in securing office spaces and the consequent opening of seven Bureaus in Freetown so far. These meetings and consultations will continue until the Bureaus are established in all the 394 Wards in the country.

The Bureaus are the first port of call for members of the community who have law and order issues or minor disputes. One of the core functions of the Bureau is to conduct Alternative Dispute Resolution (ADR) services. They mediate civil cases – matters of a non-criminal nature. This includes cases of debts, maintenance, land issues, landlord and tenant, Employer and Employee, family, marital and community level problems.

The Bureaus will refer cases which do not fall within their remit – criminal and civil cases - to the relevant national institutions. Cases of a criminal nature will be referred to the police and the courts. Others will be referred to the Local Courts, Ministries of Lands, Labour and Social Welfare, Ombudsman and the Legal Aid Board.

It is important to note that the decisions of the Bureaus are legally enforceable. This means should any of the parties to the mediation decide not to abide by the settlement reached and resort to courts, the Board will make available to the Courts the undertaking signed by both parties.

Apart from the ADR, the Bureaus undertake legal education through community outreach events on national laws, Rule of Law, human rights, mandate of the Legal Aid Board, social reintegration of ex-convicts, civic education and advocacy.

Also, the Bureaus have an Employment Desk and an Information Board. The former provides information on employment opportunities in and outside the Ward. They will provide internship placement for young people in the community to assist with providing the experience they need to compete in the job market.

The Bureaus will assist with implementing Legal Aid Board projects in their respective Wards. For instance, they will be an integral part of the Board’s campaign to ensure a violent-free election. This is part of a proactive strategy to prevent violence rather than provide legal assistance to indigents who perpetrate violence.

The Board has been involved with the establishment of the seven Bureaus every step of the way. It funded the training of the volunteers which marks the final stage in operationalizing the Bureau.

As and when funds are available, the Board will support the Bureaus by providing additional training including Paralegal work and Mediation. This will build their capacity in mediation, issues of law and advocacy.

You too can support the Bureau in your Ward. So far, the support of residents of the various Wards has been reassuring so far. For instance, the Councilors in six of the seven Wards were pivotal in securing office space for the Bureaus. In the case of Ward 346 in Calaba, Executive Director of the Lady Ellen Women’s Aid Foundation, Mohamed Jalloh provided space for the Bureau.

This is a positive step towards ownership and making the Bureaus sustainable. But this is far from being enough. Full sustainability can be achieved if members of the Ward take complete ownership of the Bureau by providing them the necessary support and holding them to account.

The assistance can be in the form of things as basic as furniture, money to cover running cost including fare and credit for communication and electricity, stationery for General Referral and Maintenance Agreement Forms and Invitation Letters, chair rental and allowance to focal person who will oversee the day to day running of the Bureau and volunteers.

Already, the Executive Director of the Legal Aid Board, Ms. Fatmata Claire Carlton-Hanciles has been sounding the alarm bell since she was confronted by a volunteer on the issue of running cost for the Bureau during the training in Calaba Town.  The volunteer wanted to know from Ms. Carlton-Hanciles where money covering  running  cost will come from.

‘Assuming, I need say Le 5,000 to deliver an invitation letter, who will provide the money since the Bureau’s kitty is empty?’ he said.  Ms. Carlton-Hanciles had this to say by way of response: ‘The Bureau is work in progress, we need to give it time.’

Ms. Carlton-Hanciles was quick to point out that the Bureaus are community owned and lead. ‘We have done our bit to assist you in setting them up and will continue to provide technical and other support as a when resources are available,’ she said. ‘But we have to be very clear in terms of ownership, you own the Bureau and not the Legal Aid Board.’

By: Joseph Dumbuya

LAB opens 4 Bureaus in Wellington and Calaba Town

LAB opens 4 Bureaus in Wellington and Calaba Town

‘On behalf of the Legal Aid Board and our partners in the justice sector, I formally open the Community Advisory Bureau.’  With these words the Executive Director of the Sierra Leone Legal Aid Board, Ms. Fatmata Claire Carlton-Hanciles gave the green light to four bureaus in the Wellington and Calaba Town Community in the East of the capital Freetown to start operations with immediate effect. 

This follows the training of eighty volunteers by the Board at the Pamronkoh Community Center in Calaba Town on Tuesday, 28 February 2017.

The Bureaus are located in Ward 346 covering Pamronkoh, Mayenkini and Robis; Ward 348 covering Old Wharf, New Town and Alpha Terrace; Ward 349 covering Pa Morlai Field and YDM and Ward 352 covering Melon, Caulker, Beecle and Philip Street. The Wards are in constituencies 96, 97 and 98.

Ms. Carlton-Hanciles likened the volunteers to Magistrates and Judges who will be mediating non-criminal matters in order to cut down on unnecessary cases in the police and the courts.

She told the volunteers that they should ensure justice comes right down to the community and not remain in the courts and police stations. He noted that there are law and orders issues in the community because good people who are in majority have failed to stand up and do something about it.

Ms. Carlton-Hanciles impressed on the volunteers to undertake fundraising activities to sustain the Bureaus. ‘You should organize football matches and approach local businesses to raise funds,’ she said. ‘They will provide support if the Bureau is relevant to the community.

She assured that the Board will assist with fundraising by talking to donors and big organizations on their behalf. ‘We will bring some of them to your Bureau to see what you are doing,’ she said. ‘In the future we will lobby Government and the Councils to support you.’

She urged the volunteers to refer cases which do not fall within their remit to relevant institutions like the police, courts, government ministries and agencies and the Board. She encouraged them to refer land cases to the Board where they could be resolved through the Ministry of Lands.

Ms. Carlton-Hanciles took time to share experience on some of the matters they will be mediating. On the contentious issue of inheritance, she said the law is clear on how property should be shared. She noted that in the case where the husband is deceased, the property should go to the wife and the children and not the relatives of the deceased.

On the other hand, if the husband and wife are deceased and do not have children, the property should be shared equally between the relatives of both the deceased. Also, when a property is inherited by a family or a group, no single individual can claim exclusive right to it.

She encouraged volunteers to exercise caution when handling disputes between husband and wife because the outcome could have repercussions for the children. She said some of the cases have to do with the wife withholding sex as a result of the failure of the husband to provide food for the family.

Ms. Carlton-Hanciles urged the volunteers to take proactive steps to prevent law and orders issues through legal education to schools and communities. ‘You should engage the imams and pastors to pass messages to the community.’    

She noted that domestic violence is a serious problem in the community which the Bureaus should take head on by ensuring the victims including men have the confidence to speak out and seek help.

She told the volunteers to work towards ensuring a peaceful election rather than wait to mediate matters relating to election violence. She added that the volunteers should target violent prone communities and people for legal education.

‘You know those who perpetrate violence in the communities,’ she said. ‘You also know communities which are hotbed for violent activities. You should let people know that they can belong to the same tribe, family, community, club or religion and support different political parties and at the same time live in peace.’  

Papers were presented by staff of the Board. The Registrar, Joseph Dumbuya presented a paper on the relationship between the Bureau and legal Aid providers. He underlined the need for collaboration and sharing of resources to create maximum impact in the community.

The Community Affairs Officer, Ben Turay explained the Bye-Laws for the Bureaus. This includes roles and responsibilities, membership of the Bureau and funding.

The Public Relations Officer, Derek Nat-George presented a paper on the relationship between the Bureau and the Media. He shared experience on how to communicate information and grant interviews with the media.

The Monitoring and Evaluation Officer, Salu Jusu talked the participants through Documentation and Reporting procedures. He said documentation will provide an insight into the number and types of complaints, complaints resolved and referrals. He took time to explain how to fill the General Referral and Maintenance Agreement Forms.

The Outreach Officer, Ibrahim Kamara spoke of the other services that will be provided by the Bureaus. These include an Employment Information Desk and an Information Board. The Desk will work closely with the Ministry of Labour to provide information on job opportunities in and outside the community. 

The Board will also work with the Ministry of Information to provide relevant information on issues relevant to the community. It will also work with the Ministry of Youth Affairs to provide internship placement for young people.

Other speakers include the Officer Commanding for the Calaba Town Police Station, Assistant Superintendent Memunatu Samura. She noted that she believes in community policing and as such has visited and maintained a close relationship with all the communities in her operational areas. ‘We cannot police Calaba Town on our own, we need to have the communities onboard,’ she said. She noted that if people want to work with the police, they should be ready to expose bad people even those close to them. 

The Councilor of Ward 346, Mary Kamara said Calaba Town was among the first communities to benefit from the Board which resulted in the release of 18 of their children who were arrested by the police and remanded at the Pademba Road Correctional Center.  

The Temne Tribal Head, Ya Alimamy Isha Sesay said she only mediate matters which fall within her purview and had challenged lawyers who had attempted to interfered with her work. She encourage the volunteers to seek the truth. She noted that she has succeeded in reconciling his subjects because she is guided by for the truth.   

Henry Kassim, Chair, National Opinion Pool under the Tumac Radio reminded her audience that Foday Sankoh took up arms against the state because of an injustice he suffered. He noted that, if we fail to address injustices in our society, many Foday Sankohs will emerge. ‘The Bureau is an attempt to address injustice,’ he said.  

He had this to say to the volunteers: ‘If you do things for nothing, you will get things done for nothing.’  He noted that the Bureaus will address the issues of exploitation of people by some local chiefs. ‘‘Some of them charge for everything even to take your seat in their ‘court’,’’ he said. ‘The Bureau will put a stop to this.’

LAB call for reintegration to avoid election violence

LAB call for reintegration to avoid election violence

 ‘In the absence of a thorough reintegration, our former clients in and those returning into mainstream society will become ready prey for selfish politicians in this election year,’ the Executive Director of the Legal Aid Board, Ms. Fatmata Claire Carlton-Hanciles has warned.

The warning came in the wake of an interview with the President of the Sierra Leone Motor Drivers and General Transport Workers Union, Alpha Amadu Bah granted to the Concord Times Newspaper in which he is quoted as saying that ‘over 700 drivers released from prisons through the intervention of the Legal Aid Board were still hanging around the union’s offices searching for jobs.’

‘Our mandate is to provide legal services, legal education and accredit legal aid providers,’ Ms. Carlton-Hanciles noted. ‘The reintegration of former clients of the Board who had served time in prison is not part of our mandate. This notwithstanding, we introduced a reintegration progamme in September 2016 and have been able to find jobs in agriculture for thirty (30) former clients through the Sierra Leone Farmers Federation.

Ms. Carlton-Hanciles lamented that when former clients have law and order issues, people blame the Board and not the agencies that are responsible for their reintegration into mainstream society.

She disclosed that her organization has identified the Sierra Leone Union of Photographers (SLUP) and the Young Women Christian Association (YWCA) to train prison inmates in different skills including photography but donors have not stepped up despite the efforts of the Board.  ‘The Sierra Leone Union of Photographers sent in a proposal with a budget of $25,000 to train prison inmates in photography, six months down the line we are struggling to find a donor.’

Ms. Carlton-Hanciles has called on government, the donor community and civil society including the National Election Watch (NEW) to invest into reintegrating former prison inmates. ‘NEW has got money to monitor the elections, we hope part of the money is spent on acceptance of former prison inmates because this is a serious challenge,’ she said. ‘Rejecting them will play into the hands of those who want to use them as thugs.’

Ms. Carlton-Hanciles has disclosed that the Board’s legal education will focus on helping former clients stay out of trouble through civic education. This would include rights and responsibilities of citizens, complaint mechanisms in the community and Rule of Law. ‘We will ensure former prison inmates know where to lodge a complaint if they feel aggrieved,’ she said. ‘We will also ensure that the justice system in the community provide justice in a fair and speedy manner.’

LAB appeal to WAEC to release results of 253 pupils

LAB appeal to WAEC to release results of 253 pupils

The Sierra Leone Legal Aid Board has appealed to the West African Examinations Council (WAEC) in Sierra Leone to release the results of two hundred and fifty-three (253) senior secondary pupils of the Trinity International Secondary School in Allen Town in Freetown on compassionate grounds.

In a letter dated 22 February 2017, the Board assured WAEC of efforts at ensuring the school authorities pay the balance owed the Council.

The Board’s intervention follows a complaint from the pupils of the school on Tuesday, February 21 after it emerged WAEC had withdrawn their West African Senior Secondary School Certificate Examination (WASSCE) results a week after it was published on the internet.

The spokesperson for the pupils, Agnes Feika said they decided to lodge a complaint with the Legal Aid Board because the Criminal Investigations Department (CID) in Freetown had kept them in the dark regarding the investigations. ‘We went to the CID on Saturday, February 18 and found that the Principal had been released from detention,’ she said. ‘There was no body to explain to us what was happening. We therefore decided to take the matter to the Board on Tuesday.’

Agnes said they reported the matter to the CID after WAEC confirmed their worst fears. ‘The Authorities at WAEC told us our results have been withdrawn; that they will not be released until the school authorities pay the money they owe the Council,’ he said. ‘The Principal and Proprietor of the school had earlier proffered the same explanation when we confronted them on the issue.’

The Board got the CID to re-arrest the Principal of the school, Mr. Abdulai Mansaray while efforts are made to raise the balance of twenty-seven million leones (27,000,000) owed WAEC. ‘The school authorities have already paid over One hundred and five million leones (105,000,000) into the WAEC Account,’ the Alternative Dispute Resolution (ADR) Officer, Reverend Bob Kandeh said. ‘We will surely have the school authorities to pay the balance of twenty-seven million leones (27,000,000) to WAEC. We did that for the Hill Top Community Secondary School at Hill Station in Freetown nearly two weeks ago, we will do same for this school.’

The Principal of the school, Abdulai Mansaray said they have paid over eighty percent of the money owed WAEC. He added that they had provided collateral for the balance in the form of conveyance for the school, proprietor’s house and seven acres of land. ‘This was why WAEC released the results,’ he said. ‘We do not understand why they had to withdraw the results while still holding on to the collaterals.’

The Director of the Legal Aid Board, Ms. Fatmata Claire Carlton-Hanciles has called on the Ministry of Education and stakeholders in the education sector to learn lessons from the two schools in order to prevent a recurrence. He urged them to be vigilante by ensuring schools are properly registered and supervised. 

‘The seeming exploitation of children by those who should mold them into future leaders is a serious concern to all well-meaning people not least the Board,’ he said. ‘This is becoming a pattern. We will play our part by ensuring our Citizens Advisory Bureaus and Paralegals keep an eye on mushroom schools in their respective Wards around the country with a view to identifying early warning signs.’

It would be recalled this is the second appeal in two weeks after the Board secured the release of WASSCE results for 208 pupils of the Hill Top Community School at Hill Station in Freetown. 

Insight into what LAB is doing for children

Insight into what LAB is doing for children

Since the Legal Aid Board started operations in May 2015, it has amply demonstrated commitment to protecting the rights of children through the provision of legal services, legal education and the introduction of the ‘Child Protection Under the Law’ Programme which focuses on issues of teenage pregnancy, child marriage and harmful cultural practices.

The Legal Aid Act 2012 provides that the Board shall provide legal aid and determine the type of persons and cases for which legal aid may be granted. The draft Legal Aid Guide puts the latter into context. It provides that to qualify for legal aid, the applicant’s monthly income should not exceed five hundred thousand leones (Le500,000) which as you may know is the country’s Minimum Wage.

Nationality is not a criteria for qualification for legal aid. Any resident of Sierra Leone who meets the requirement is provided free legal assistance. Citizens of other Mano River Union Countries, Nigeria and Burkina Faso have benefited from the scheme in the past. The Board in collaboration with the Sierra Leone Drivers Union has gone the extra mile to provide free transportation to the former to their respective countries.

Applicants for legal aid are subject to the ‘Means Test’ to determine qualification for legal assistance. The ‘Means Test’ determines whether the applicant is employed and also looks at income and assets.

The exemption to this requirement are children, the aged and retiree. This means children or better still juveniles accessing the justice system are provided free legal assistance regardless of their income, assets and status of parents.

Children enjoy the added advantage of receiving far more assistance from the scheme than any other group. The Board has a lawyer assigned exclusively to juveniles.  As a matter of fact, the Board is the only institution with a full-time Juvenile Lawyer, in the person of Joel Tejan Deen-Tarawally.

The Board prides the caliber of its staff and Lawyer Deen-Tarawally is no exception. He has an advance Law degree in Human Rights and Democratization in Africa. In addition, he has also done advanced human rights courses on Disability Rights in an African Context and Judicial Enforcement of Socio-Economic Rights and Sexual Minority Rights in Africa.

Lawyer Deen-Tarawally believes there have been some modest gains in the Juvenile Justice System in the form of legislations – Child Rights Act 2007, Sexual Offences Act - and the establishment of the Legal Aid Board.

At the same time, he believes the juvenile justice system still fraught with challenges ranging from the failure to set up committees to promote the child justice environment as provided for in the Child Rights Act 2007 to the lack of transportation for juvenile offenders, absence of witness tracing mechanism, improperly constituted juvenile courts in some cases and lack of psychosocial support for children going through the justice system.

The scheme also has Paralegals assigned to juveniles. The paralegals monitor matters involving children in police stations, juvenile homes, formal courts and the informal justice system to ensure the treatment of child suspects is consistent with the law and human rights in terms of legal assistance, bail, detention and support services.

The Board has a consultant, Lawyer Francis Gabbidon who is a legal practitioner of no mean feat having practiced in Sierra Leone for over forty years. He was the first ombudsman. He teaches at the Law Department at Fourah Bay College, University of Sierra Leone. He had taught at the Sierra Leone Law School.

Lawyer Gabbidon sits on Alternative Dispute Resolution matters. His duties include proffering advice on issues of law so that parties have a clear idea of the likely consequences should the matter be referred to the courts. This has benefited children immensely by way of maintenance issues resolved by the ADR.

Against this backdrop, the successes of the Board in the provision of legal services have not come as surprise. The scheme provided legal assistance to two hundred and twenty (220) juveniles around the country by 31 December 2016, which is twenty months into its operations. This includes discharges, acquittals and discharges, committals to High Court, sentences, fines, bail and maintenance orders secured.

Recently, in January 2017 to be precise, the Board intervened in a high profile matter between the Minister of Social Welfare, Gender and Children’s Affairs, Dr. Sylvia Blyden and two children of the Children’s Forum Network (CFN).

The Minister had taken the kids to the New England Police Station rather than hand them over to social workers at the Ministry. The Board’s Juvenile Lawyer, Joel Deen-Tawarally successfully secured bail for the only remaining child suspects after the Board’s Paralegal had secured the release of the other suspect the previous day. Contrary to rumors making the round at the time, the suspect is not related to the Lawyer Deen-Tarawally.  

Also, four hundred and seventy-four (474) children benefited from maintenance orders secured by the scheme’s Alternative Dispute Resolution (ADR) services. This has ensured the children continue their education.

During the periods leading to the reopening of schools, the ADR worked overtime to cope with complaints relating to maintenance orders. In August and September 2017, the Board received up to fifty complaints per day from mothers worried that the fathers of their children might renege on their responsibility to provide money for schooling.  

The Board has also mediated hundreds of custody matters. There have been cases of fathers refusing to release children to their mothers in time for schooling at the beginning of term. Also, the Board had intervened to ensure fathers have access to their children at regular intervals.

The ADR has reunited feuding families around the country. The one which stands out for me involves a prominent Bishop and his estranged wife and four children. The relationship between the two had degenerated to such an extent that the Man of God had not been on speaking terms with his wife and children for nearly ten years. This was a test case for the Board’s ADR as efforts at mediation by religious leaders and other parties had failed in the past.

Two hundred and eight (208) senior secondary school pupils of the Hill Top Community Secondary School at Hill Station in Freetown make up the largest single group of children to have benefited from the Legal Aid Board at any given time. The pupils had their results released by the West African Examination Council after the intervention of the Board. WAEC had held on to the results because the school authorities had failed to pay the examination fees.

Children have also benefited from the Board’s legal education through school outreach. Children have been educated on the scheme, Child Rights Act 2007, how the justice system works, Rule of Law and Human rights. The Board held outreach events in fifty schools around the country in 2016. A total of four thousand six hundred and sixty-one (4,661) pupils participated in these events. The school outreach programme was unveiled in October 2016.

As the Board expands its operations following the deployment of paralegals in every district in December 2016, monitoring of child rights issues in the informal justice sector including Alternative Dispute Resolution services provided by chiefs and other actors have been stepped-up.

The establishment of Citizens Advisory Bureaus in three Wards in Freetown will continue to impact positively of child rights issues. The Board hopes to establish the Bureaus in all the 394 Wards in the country by the end of the year.

Author Joseph Dumbuya is the Registrar at the Sierra Leone Legal Aid Board

LAB open 3 Citizens Advisory Bureaus

LAB open 3 Citizens Advisory Bureaus

The Legal Aid Board took the final step towards operationalizing the Citizens Advisory Bureau (CAB) by organizing a one-day training workshop for sixty volunteers at the Lumley Community Center in an area called Grassfield in the West of the capital.

The volunteers will be running the Bureaus in three Wards - 391, 393 and 394 - covering Pipeline, Thompson Bay, UN Drive, Scan Drive, Caningo, Sheriff Drive, Wilkinson Road and Grassfield in Lumley under the supervision of the Legal Aid Board.

Opening the training session, the Executive Director of the Legal Aid Board, Ms. Fatmata Claire Carlton-Hanciles drew attention to the many inmates in our Correctional Centers who are not supposed to be there. She said the Bureaus will be providing a solution to this problem by resolving minor offences and disputes in the community so that they are not taken to the police or the courts.

She urged the volunteers to be fair in mediating complaints. ‘Being fair should be your guiding principle,’ Ms. Carlton-Hanciles said. ‘You will achieve quite a lot and command a lot of respect in the community because you will stand for the truth.’

Ms. Carlton-Hanciles said the volunteers should be respectful to those visiting the Bureaus. ‘The first thing you should do is to calm down your visitors and make sure you listen to their every word,’ she said. ‘Matters which fall outside your remit should be referred to the relevant institution. 

This could be the police, the courts, Legal Aid Board or the Ministry of Lands among others.’ She said the Board will provide legal assistance to indigent clients referred to the Industrial court. She urged the volunteers to believe in themselves noting that they should not be afraid to stand up for what is right. She said they should be prepared to receive complaints from unlikely sources like high profile people in society.

The Community Outreach Officer, Ben Turay explained the Bye-Laws for the Bureaus. He noted that those running the Bureau should not have a criminal record. In addition, they should have a wealth of experience on community issues and in their respective fields of study.

The Monitoring and Evaluation Officer for the Board, Sallu Jusu underscored the importance of quality reporting in evaluating the work of the Bureau. He explained the various forms that should be filled out by the volunteers. This includes the Referral and Maintenance Agreement Form.

By: Joseph Dumbuya

LAB appeals to police to reduce numbers behind bars

The Director of the Legal Aid Board, Ms. Fatmata Claire Carlton-Hanciles has told the senior officers of the Sierra Leone Police that the correctional centers and cells around the country continue to be full despite the fact that the Board provided legal services to twenty-six thousand (26,000) clients in 2016.

She expressed the concern while addressing the Executive Management Board of the Sierra Leone Police at their weekly meeting at the headquarters of the force on Wednesday, 15 February 2017.

She lamented the police are detaining some suspects for far too long. She urged the police to admit suspects to bail after completing investigations and to avoid imposing stiff bail conditions.

She drew attention to the case of one Francis Osman Mansaray who was held in detention for nearly one month in Makeni before he was transferred to the Criminal Investigations Department headquarters in Freetown where he is still being held.  

She also drew attention to variations in bail and sentencing. ‘We have had cases of different bail conditions for the same offence,’ she said. ‘This is why we are calling for the release of the new bail and sentencing policy without any further delay.’

Ms. Carlton-Hanciles also called on the police to issue an official statement on civil matters that should not be handled by police. Allaying fears of the police, she assured them that her staff know they should not interfere with investigations. ‘We monitor the police to ensure investigations are consistent with the law and human rights; we do not interfere with the work of the police,’ she stressed.

Responding to an appeal from the Inspector General of Police (IG), Francis Munu not to provide legal assistance to armed robbers who have become notorious for reoffending, Ms. Carlton-Hanciles said the scheme does not provide assistance to repeat offenders with overwhelming evidence against them. ‘A lawyer is as good as his case,’ she maintained. IG Munu had said earlier on that they detain armed robbers in order to protect society.

‘The important thing to note here is that, victims of armed robbery also form part of the clientele of the Board,’ she said. ”People should also know that we have lost cases in court. Unfortunately, this story is not being told.’

Ms. Carlton-Hanciles also called on the police to conduct investigations in a thorough manner so that suspects are not charged with the wrong offence. ‘Those who steal should not be charged with the more serious offence of robbery with aggravation,’ she stressed. ‘There is no point charging someone with a more serious offence when the ingredients to prove the case are non-existent.’

 Ms. Carlton-Hanciles assured the police that the Board has no interest in infringing on the mandate of any institution not least the Police. ‘We want to ensure there is synergy between our two institutions so that we can continue to refer matters between our two institutions,’ she said.

Ms. Carlton-Hanciles intimated the police that the scheme now has a presence in every district in the country.  She disclosed that the Paralegals are running ADR clinics in these districts. ‘These efforts will reduce the pressure on the police,’ she said.

The Inspector General, Francis Munu blamed the negative views people hold about the police on the lack of legal education. He noted that when the police refuse to intervene on matters of land encroachment and debts, people view them unfavorably even though it is the right thing to do. 

‘When the police talk to the other party in a matter in the interest of fair hearing, people interpret it negatively,’ he said.  IG Munu argued that legal education by paralegals will educate people on issues of law and the justice system. This, in his view, will help them understand the work of the police and as such make an informed judgement on their work.

Both parties agreed to collaborate to ensure hardcore criminals do not benefit from Presidential Pardons after it emerged some prison inmates have impersonated those convicted on less serious offences to benefit from the Pardons. It was suggested that officers should be present at the time when beneficiaries of Presidential Pardons are released from prison to prevent any recurrence.

By: Joseph Dumbuya