Dr. Sylvia Olyinka Blyden is scheduled to appear before Magistrate Hannah Bonnie in court number 1 Friday 12th June 2020, charged with ten counts of seditious libel.
Following her BAIL being revoked, the case of the ten counts charges against Dr. Sylvia Olayinka Blyden is scheduled to continue in Magistrate Court number one (1) presided over by Magistrate Hannah Bonnie. It will be recalled that Dr. Sylvia Blyden, (former cabinet Minister of Social Welfare, Gender and Children Affairs, and previously Special Executive Assistant to the former President Ernest Bai Koroma and established journalist and proprietor of The Awareness Times Newspaper in Siera Leone), was arrested on the 1st of May 2020 by heavily armed police. She was taken to the Criminal Investigations Department Headquarters in Central Freetown and held in custody for 21 days before being slammed with 10 counts charges of SEDITIOUS LIBEL (and supposed CYBER CRIMES against the State and Incitement), under Sections 33, 32 and 27 Public Order Act No 46 of 1965. Dr. Blyden has denied committing these crimes and consider them to be bogus and baseless. Apparently, these charges have arisen from carrying on her journalistic duties in criticising some of President Julius Maada Bio's activities since assuming office in April 2018 and reporting commenting on twitter about the appalling conditions a political opponent of the president – Palo Conteh - former Defense Minister (and also former Internal Affairs minister and head of the Ebola Respons Centre in the previous government) is being held in Pademba Road prison.
Just over two weeks ago, (and after spending almost one month in prison without charge), Dr. Blyden was granted bail of Le500,000,000 (five hundred million leones) and two sureties with property in Freetown to vouch for her, by Magistrate Bonnie, (Her freedom was nonetheless, delayed by an extra day and returned to prison, due to some drama about the sureties' 'building permit' not among the documents presented to the court - which request was later waived by the Magistrate at the next hearing, indicating that the request was irrelevant and unnecessary.
However, after five days, Dr. Sylvia Blyden was re-arrested by police and taken to the Female Prison at the Special Court complex on what was described as trumped-up allegations of violating court rules - apparently, commenting on her case on social media which is seen as ‘sub-judice’. (This means, when a legal matter is in court, nobody including the press, and other media should interfere by publication or public comment with the court's proper handling of the proceedings. However, in the USA today, the sub-judice rule in most Supreme Court decisions is regarded as an unconstitutional impairment of press freedom. (Sheppard v Maxwell,384 U.S. 362-363, the US Supreme Court noted "there is nothing that proscribes the press from reporting events that transpire in the courtroom". This is to say, "...once a public hearing had been held, what transpired there [in the public hearing e.g. a court], could not be subject to prior restraint. This is an affirmation that people's liberty depends on the freedom of the press which cannot be limited without being lost..." The merits or demerits of this sub-judice rule apart, many commentators failed to see any necessity for Dr. Blyden's re-arrest on this accusation considering the weight and value of her remarks on Social Media - Twitter and Whatsapp - after being granted bail. One such comment relating to the presence of groups of Police officers in rotation at her premises for 13 days continuously day after day and eating/cooking her stored foodstuff including those for her dogs. Many believe her incarceration is simply an attempt to silence her by using this intimidatory restrictive methods.
On Monday 8th June 2020, after the late resumption of the case, the prosecution witness Detective Superintendent of Police (CID) M K Alieu was cross-examined by Dr. Blyden, who is representing herself in court. She asked DSP Alieu among other issues, why her property was being subjected to heave daily police presence, whilst she was in retention, which gave the false impression that she (Dr, Blyden) is a threat to national security, to which the Detective answered that he did not know why. I this short session, Dr. Blyden later pleaded to the Magistrate for access to IT resources which she needs to help her prepare her case. Magistrate Hannah Bonnie told her that the prison authorities should provide the necessary support but she, however, refused bail to Dr. Blyden's earlier plea.
The case was thereafter adjourned to today Friday 12th June 2020 which by dint of coincidence, is her father, Edward Babatunde Blyden's birthday.
The Public Order Act No 46 of 1965: The Law under which Dr. Blyden is charged (which the Sierra Leone Association of Journalists is attempting to get Parliament to REPEAL).
Dr. Blydn is charged under the following sections: 27; 32, & 33
Section 27 – “Any person who maliciously publishes any defamatory matter shall be guilty of an offence called libel and liable on conviction to a fine not exceeding seven hundred Leones or to imprisonment for a period not exceeding two years or to both such fine and imprisonment.”
Section 32
Sub-section (1) – “Any person who publishes any false statement, rumour or report which is likely to cause fear or alarm, to the public or to disturb the public peace shall be guilty of an offence and liable on conviction to a fine not exceeding three hundred Leones or to imprisonment for a period not exceeding twelve months, or to both such fine and imprisonment.
Sub-section(2) "Any person who publishes any false statement, rumour or report which is calculated to bring into disrepute any person who holds an office under the Constitution, in the discharge of his duties shall be guilty of an offense and liable on conviction to a fine not exceeding five hundred Leones or to imprisonment not exceeding two years or both.”
Section 33 (1), “any person who -
(a) does or attempts to do, or makes any preparation to do, or conspires with any person to do, any act with a seditious intention; or
(b) utters any seditious words; or
(c) prints, publishes, sells, offers for sale, distributes or reproduces any seditious publication; or
(d) imports any seditious publication, unless he has no reason to believe it is seditious,
shall be guilty of an offence and liable for a first offence to imprisonment for a term not exceeding three years, or to a fine not exceeding one thousand leones or to both such imprisonment and fine, and for a subsequent offence shall be imprisoned for a term not exceeding seven years, and every such publication shall be forfeited to the Government.”
Court charge sheet of Dr Sylvia Olayinka Blyden
List of items/pieces of evidence removed from Dr. Blyden’s house by Armed Police for the prosecution to support the alleged charges:
The Public Order Act 1965 - The Public Order Act, 1965
Being an Act to Consolidate and Amend the Law Relating to Public Order
[31st December, 1965.]
BE IT ENACTED by the Queen’s Most Excellent Majesty, by and with the advice and consent of the House of
Representatives in this present Parliament assembled, and by the authority of the same....
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