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.