Freetown — Lead defence attorney in the cocaine matter in Freetown said unless principal magistrate Deen Tarawallie allows his two clients access to medical facility he would apply for transfer of case to a new magistrate court.

Crispin-Fio Edwards who is also president of the Sierra Leone Bar Association filed a motion appealing for the bail and transfer of two defendants to a secure medical facility because they were suffering from serious medical ailments.

However, principal magistrate Tarawallie has rejected the application outright.

But Edwards has argued that: "The ruling given was out of place with our application. We applied that following the doctor's evidence the defendants should be taken out for medical treatment. We will apply for a transfer to another magistrate court." On Wednesday the defence held a walk-out protest in reaction to the rejection of the motion. The protest may continue as the defence team seeks to bring further attention to the plight of two of the accused who were suffering from poor health.

According to the lead defence attorney the walk-out was staged to bring attention to a situation they said was a violation of their clients' rights.

The conditions in which the accused are held should not violate international standards, he said.

He added that Rule 60(1) of the standard minimum rules states that "the regime of the institution should seek to minimize any differences between prison life and life at liberty which tend to lessen the responsibility of the prisoners or the respect due to their dignity as human beings." By not providing the two accused with proper medical treatment the state may be in violation of Sec. 20(1) of the Constitution of Sierra Leone 1991, which states that "no person shall be subject to any form of torture or any punishment or other treatment which is inhuman or degrading." According magistrate Tarawallie the protests of the defence were unfounded. "They decided to walk out because, according to them, they were applying for bail and I refused bail. Granting or refusing bail is at the discretion of the court." When asked how the court would proceed if the defence continues their walk-out protest, he said, "we will proceed or we will give them one adjournment date to get new legal representation."