By Fatima Kpaka
Lawyer M. M. Tejan, one of the defense counsel of the 27 military officers in the ongoing Court Martial has on Wednesday 24th January, 2024 submitted before Judge Advocate Mark Ngegba that the Prosecution team and their witnesses had been spying on the evidence that had been adduced in examination in Chief and cross examination. He added that that act was unfair and therefore evoked rules 48 of the Arm Forces Act.
He made this submission before the Judge Advocate after the President and the other panel of judges had asked to leave the court.
This came about when Corporal Sheku Marrah was testifying in court based on what he knew on the 25th and 26th of November 2023 during the failed coup d’etat.
Lawyer Tejan firstly objected to the continuation of the testimony of witness Marrah and also asked the Judge Advocate to squash the testimonies of Major Kainessie and Leutinant Jewel Augustine Koroma and other witnesses which Prosecution intended to bring before the court to testify.
He based his objection on rule 48 of the Armed Forces Act which he said is being unfairly used by the Prosecution.
He said Major Kainessie and Leutinant Jewel in their testimonies had made certain representation on which they had been cross examined, adding that such representation had not been corroborated evidence beyond reasonable doubt.
Lawyer Tejan furthered that the additional witnesses had been unfairly brought to the court to link the representation of the past witnesses.
He said the Prosecution by their witnesses had been spying on the evidence adduced in court in examination in chief and cross examination and he therefore evoked rule 48 of the Arm Forces Act to adjust or cure previous evidence with the Witnesses which he said was trial by ambush.
He said when he studied the witnesses’ evidence lead and prepared by the new witnesses to support the evidence of the previous witnesses, he came to the realization that it is unfair to the defense.
He made his submission in the interest of fairness and justice to the accused.
State Counsel Joseph Sesay reply that lawyer Tejan had failed to show the court the extent to which Rule 48 is, in his words unfair.
He submitted that the purpose of Rule 48 is to allow the Prosecution to come forward with anything that they consider could be added.
He contended that the same rules also guaranteed the fair trial right of the accused, and asked that the submission made by defense Counsel Tejan be squashed out.
Judge Advocate Mark Ngegba in his ruling on the contention of the prosecution and the defense over-ruled the defense, on the reasoning that there is no law stopping the Prosecution from bringing additional witnesses.
He therefore ordered that the witness continue his testimony.
Corporal Sheku Marrah as he went on with his testimony informed the Court that he is a member of the Quick Reaction Force at Cockerill Headquarters.
He said that on the 25th of November, 2023, at 9:00 pm they had their routine parade and soon after they had been put on alert those personnel who were not on duty were dismissed.
He said at around 1:00 am on 26th November, 2023, Lieutenant Jewel Koroma asked all of them to report at the Headquarters’ Joint Force Command, which they did.
He added that they were then put into two patrol teams one of which left Cockerill with Lieutenant Jewel for patrol at Mile 13, while the other team which he was part of remained at Cockerill.
He said that around 2:00 a. m. the Joint Force Commander, Major Alpha called them to order and informed them that there had been an attack at Wilberforce. He said that at that point the other patrol team which had earlier left was returned and they all boarded vehicles and left Cockerill using Wilkinson Road heading towards Lumley and headed for Spur Loop.
He said when they arrived at the lodge of the Vice President Major Gassama and Lieutenant Jewel told them to come alight the vehicles and ordered them to walk to Wilberforce barracks.
He said upon arrival at the main gate of Wilberforce barracks by the guard room gate their boss told them to lay down flat on the ground to observe what was going on.
He said while on that somebody came out of the gate and blasted an Rocket Propelled Greenade on them and Major Gassama sustained an injury from the blast.
Witness Marrah said that they then withdrew with Major Gassama to Bottom Mango and one of the soldiers was asked to take him to hospital.
He said at that time there were series of gun shots with a blast and they were asked to withdraw to Wilberforce Village.
He said they ran and upon their arrival at the back of the Vice President’s lodge, Corporal Neka was making calls on his phone and he noticed one of the soldiers threatening to shoot Corporal Neka if he continued with the calls on his phone and he (witness) took the phone from Corporal Neka.
He said that from their they boarded the vehicles and went to Cockerill headquarters.
After the witness’ testimony, lawyer Bangura from Legal Aid Board deferred cross examination saying that fresh evidence had been led against the eight accused, Corporal Neka and has to confer with him before doing his cross examination in the interest of fairness.
His application was granted and the next witness took the dock to testify.
Staff Sergeant Ibrahim Soriba is also a member of the Quick Reaction Force Stationed at Cockerill Headquarters. He said his responsibility is to issue out arms and ammunition to soldiers within their unit and account for them when needed.
He recognized the third accused RSLAF 18172996 Sergeant Albert Bassie Conteh who had been posted at the Forces Regional Unit at Cockerill.
He recognized the fourth accused RSLAF 181174602 Abu Dauda when he was attached at Lungi, and the eight accused RSLAF 1811624 Lieutenant Corporal Eustace Neka at Cockrill and the ninth accused RSLAF 18168075 Staff Sergeant Ibrahim Kallon in 2008 at Lungi barracks.
He said on 25th November, 2023, he was at the Cockrill headquarters and around 11:00 pm the Joint Force Commander General Alpha met them and asked them to follow him to their parade grounds.
He said that while there, some of the officers had weapons while others had none.
He said he then thought that he should issue arms to those officers who had none.
He said that he then returned to the headquarter and took some magazines having 7.62/39 millimeters and issued those who don’t have weapons with weapons.
He said that upon returning to the store he met Lans Corporal Neka, the eight accused sitting down under a mango tree and he asked him if he was not aware of what had been happening.
He said he then issued him and four other soldiers with weapons and did not return to the parade ground but asked Lans Corporal Neka and others to be with him on the ground and be vigilant.
He said later he saw 2996 Staff Sergeant Conteh the third accused, who also met him and requested for a weapon and while he attended to him, Abu Dauda was also next to him also requesting for a weapon, but he did not give it to him because he was not a member of their unit.
The witness furthered that later two metropolitan military personnel went to the headquarter and enquired whether Abu Dauda was part of their unit and he told them that he wasn’t.
He said they then asked him to follow them and they took him away.
At this juncture, all defense Counsel representing the third, fourth, eight and nine accused sought for a date to cross examine the witness.
The matter comes up today for cross examination by defense Counsels.