By Fatima Kpaka
Lawyer I. Bangura from the Legal Aid Board, representing 11 accused persons, including Lance Corporal Abu Samuel Kamara, the 27th accused person, in the ongoing Court-martial trial, has in his closing address to Judge Advocate Mark Ngegba and Board members stated that the state has woefully failed to present the elements of the offences against the accused persons.
He said that the 27th accused was not deployed at Joint Logistics Unit (JLU) as alleged by the 6th accused in an audio, but at the male correctional facility, adding that the accused relied on his statement where he told the military police what he knew as to how the 6th accused approached him to say he had a mission for him without knowing what the mission was.
He furthered that although several exhibits had been tendered before the court, the objective of a criminal trial which is to unravel the truth, has not been achieved because there were no voice experts court nor was there a photo expert to ascertain that it was the accused persons voice in the audio or person captured in the photo.
Whiles addressing the board on behalf of Sergeant Albert Bassie Conteh of 15th Battalion Lungi, the third accused, he admitted that it was him on the photo tender in court, but said he has a reason because he had a court case with his wife that was why he went to Pa Sesay’s place in August 2023 and not in November 2023 as alleged by the prosecution.
That, he said, was a mere confusion of the fact that the photos which were displayed on the screen had no dates.
The 3rd accused, he said denied portions of his statement, and added that the reason why he did so was because the statement was never read over and explained to him, and had been obtained from him in the absence of a legal representative which he said were all important facts for the judge’s rules. He furthered that his client could not understand the statement by the investigator.
Lawyer Bangura furthered that the statement should have been read over to the accused for him to confirm its content, adding that the accused admitted having no pass, but took advantage of the weekend since the situation was normal.
Lawyer Bangura further submitted that the accused went to Joint Force Command, met with some personnel and explained his situation to them, adding that one of the prosecution witnesses confirmed same during his testimony, and Lawyer Bangura questioned whether that evidence amounted to Mutiny, or Failure to Suppress Mutiny.
“Having supplied the 3rd accused with a rifle to help repel the assailants, does that amount to mutiny as his client was subjected to investigation because that was not his unit,” Lawyer Bangura commented.
In his submission on behalf of Corporal John Turay of 5 Battalion Wilberforce, who is the 10th accused person, Defense Lawyer I. Bangura insisted that Turay’s situation was very pathetic, adding that PW 28 Colonel Sandi in his testimony narrated that, like him, the 10th accused was captured by the attackers while on duty on that night and the assailants forced him to join them, but he also later escaped like Colonel Sandi.
The accused, he continued did not only escape from the assailants, but also reached out to his wife and explained to her what had happened, and he further told the military police same, but added that the 10 accused’s wife was never contacted by the Military Police.
” Is that a man that should be here for mutiny, or failure to suppress mutiny? The fact that you were captured and experienced firsthand torture as to what was going on was very traumatic. He could not have participated willingly to commit mutiny, but the decision rest on your hand,” he submitted.
In his submission on behalf of the 14 accused RSLAF 18181346 Abdul Razack Kamara who was deployed at Armed Forces Training Centre (AFTC) Benguma where his superior, Captain Senesie took him out to provide security for them at a carnival without him knowing that he was part of the assailants and he heeded and his captors took him on their vehicle, adding that instead of them taking him to where they had agreed they took him to 5 Battalion Wilberforce where captain Senesie who is on the run was deployed.
He added the 14th accused was however able to escape from them and informed the authorities at Benguma.
There is no evidence before the court to suggest that he knew the plans of the captive and therefore said the accused is not supposed to be before the court.
In further address in respect of the 18th accused Corporal Abu Bakarr Koroma of 4th Battalion who was shown in a photo, defense counsel Bangura submitted that that was the only piece of evidence before the court by the prosecution, and he told the court that the 18th accused was relying on his statement to the police that he was not in town.
Since the inception of the trial he said the accused had been afflicted with epilepsy, adding that even in the commanding officers note it was stated that he was about to be relieved of his duty due to his health condition.
He also urged the Judge Advocate and members of the board to look at the medical report on the accused which showed that his situation affected the soundness of his mind and reasoning.
In his submission on behalf of the 13th accused Lance Corporal Musa Maligie of 15 Battalion, Lawyer I. Bangura said that even though he had travelled from Lungi to Freetown without a pass to settle a land dispute, the defense relies on the statement that he was at Rokel and was not in any of the places where the attacks had happened and further mentioned the name of the brother where he passed the night.
In law, he said when an issue of alibi is raised, the burden of proof shifts on the prosecution to prove whether he was there or not, but added that the prosecution failed to do so and the alibi remained uncontroverted.
No factual witness, he said, was brought before the court to testify that they had seen the 13th accused person on the day of the coup, but what he said was displayed before the court was a photo showing someone resembling the 13th accused.
He asserted that for the prosecution to have removed all doubts, an expert witness ought to have been brought before the court which was not done.
Defense Lawyer I Bangura insisted that the images displayed on the screen in court did not contain anything like arms and ammunitions, and added that the Herbalist, Pa Sesay whom the prosecution alleged the accused persons had visited to make them invulnerable against gunshot, was never brought before the court to confirm that the accused persons indeed went to him, adding that the only piece of evidence the prosecution relied on was the statement of the 6th accused to the police which he 13th accused denied.
According to the defense lawyer, the 13th accused having learnt about the coup returned to his deployment and did not even go back to Rokel but to Lungi, and on his arrival there he was subjected to beating. He further asserted that the onus laid on the prosecution to prove each and every element required on all the counts charged, and implored the board to return a verdict of not guilty one behalf of the accused persons.
”Mr. President and members of the board, you were here when witnesses testified to say that the attack was serious, and the assailants captured military personnel. The 8th accused having been captured from Cockerill to Pademba Road could not have been able to escape as he was over powered by the assailants” he submitted.
He said witnesses including Major Dassama confirmed that the 8th accused, Lance Corporal Eustace Neka of Forces Recognizance Unit obeyed laws and instructions and was with loyalists’ forces who went to Wilberforce to repel the assailants, adding that the atmosphere created confusion amongst the men that the accused went with.
“One of the witnesses Lieutenant Joel,” he said, “told the court that they suffered multiple attacks when the 8th accused was making a phone call whiles he was with them.”
He said to suggest that the 8th accused made a call to the assailants on that day was a complete lie, noting that no call log was tendered in respect of the accused, and furthered that that created a doubt which he urged the board to use in favor of the accused as his client denied making a call because his phone was switched off on the day of the incident.
He added that the testimony of his clients remains uncontroverted, and added that an audio was played in court to show that the 6th accused received a WhatsApp message from the 8th, and the network provider, Qcell, was never in Court to confirm same, and the 6th accused he said denied sending a WhatsApp message to the 8th as alleged by the prosecution.
Lawyer Bangura added that the 8th accused testified that he did not have a WhatsApp phone, and that that bit of the 8th accused’s testimony was never controverted by the prosecution which he insisted also created a doubt in the case against the 8th accused.
The further contended that the 8th accused, having escaped from his captors returned to Cockerill where he was given a serious beating on the orders of by Lieutenant Joel who later testified in vengeance against him.
” If you have doubt of any of the allegation against the 8th accused return a verdict of not guilty the images shown before the court suggesting that it was the 8th accused were not clear, but you are the deciders,” he stated.
While addressing the Judge Advocate and members on behalf of Sergeant Fofanah Kemoh of AFTC (Armed Forces Training Centre), the 20th accused person, Defense Counsel Bangura intimated the judge Advocate and members of the board that the accused stood before the court on several counts ranging from Mutiny, Conspiracy, Aiding the enemy, Failure to Suppress Mutiny, Communicating with the Enemy and other related offences.
He said that PW 14, who tendered the statement of the first accused, when asked during cross examination stated that the statement was error free.
In respect of the 20th accused, he urged the board to return a verdict of not guilty as he was not part of the coup neither did he participate on the said unlawful conduct.
He said indeed an audio was played in court purporting that it was the accused which the accused denied.
” Then man den just dea fire ” as alleged by the prosecution on the audio he said is vague as no factual witness came to the court to testify that they saw the 20th accused at Wilberforce, Cockerill and Pademba Road on the day of the incident.
The accused in his testimony, he said, denied the image from the CCTV footage and when the court viewed the photos they only showed the face and head to which he said the prosecution did not bring an expert to verify, but argued that instead the room was left open and therefore left it to the discretion of the court
He added that the cellphone numbers which had been displayed in court as that of the 20th accused communicating with Koita was not the accused’s number.
He revealed that the accused in his testimony denied certain portion of his statement, noting that, it was not what he had told the Military Police.
In his closing address on behalf of the 24th accused, Sergeant Rashid Koroma of AFTC, Defense Lawyer I. Bangura argued that it had been revealed that he had a pass and was in Freetown at the Aberdeen bridge enjoying his social life and tha mentioned had been made that when he arrived at Murray town on the day of the alleged incident, he showed the pass to one Warrant Officer (WO) Gbla, and that evidence remain uncontroverted.
He said that when the 24th accused was confronted by his colleagues, while talking to a friend at a placed named Kain Tick, he told them that he was heading to the Unit and voluntarIy went and showed WO2 Gbla his pass and was told to return back to where he was.
“Wearing a Civil attire as military personnel, does that amount to a crime as alleged by the prosecution, and WO2 Gbla was not brought to Court to controvert that evidence, ” he explained.
He insisted that the prosecution had woefully failed to adduce evidence connecting the accused with the offenses against him and in the circumstance implored the board not to be removed from the reality of things.
Lawyer Bangura said his client was not found with any ammunition or rifle, and added: “does that not create a doubt,” and he asked the court to use what he viewed as a doubt in favor of the accused.
“Is the prosecution saying that every contact on the 6th accused’s phone was part and parcel of the coup? The answer is no,” he commented. He added that the 24th had denied a portion of his statement saying that his statement was not read over and explained to him during the investigation, and that the uniform that was found on him was for his own use and not for him to give to the assailants, as the prosecution had claimed.
The defense in further address on behalf of the 26th accused, Lance Corporal Hassan Sesay of Joints Logistics Unit, argued that the accused was on duty on the 26th of November 2023 and was supplied with a rifle and magazine, but did not use them not because he was afraid to repel the assailants but because he had been instructed not to shoot, and asserted that that did not amount to prejudicing military discipline.
He said that the prosecution informed the court that they went to the 26th accused’s residence and discovered live rounds, but he insisted that said non-was discovered because nothing of such was tendered in court.
Lawyer Bangura added that the 3rd accused who left Lungi for Freetown was listed as being Absent Without Leave (AWOL) adding that the 7th accused choose his service before self-whiles the 14th he said was obeying mere instructions.
The 10th accused he said was on duty that night and was hit with a gun by the assailants who forced him to joined them by threatening to kill him if he disobeyed.
” Mr. President and members of the board I leave all of those fact to you for your consideration, and these are the facts before you, and they should be treated on individuals’ case before you, ” he stated.
In conclusion he pointed out an important aspect of the 7th accused’s testimony where, the latter tried to fool the enemy.