By Fatima Kpaka
The second group of seven military personnel, including Major Bai Sesay, Staff Sergeant Joseph Conteh, Sergeant Alimamy Alhaji Conteh, Corporal Alpha Wurie, Lance Corporal Ibrahim Kuyateh, Lance Corporal Lahai Kemoh, and Sergeant Baimba Bangura, are now awaiting judgment.
Judge Advocate Mark Ngegba and the board members have listened to the closing addresses from the prosecution and defense counsels regarding their alleged involvement in the failed coup on November 26.
In his closing address, State Counsel Lawyer Joseph A.K. Sesay outlined the charges against the accused, including civil offenses, mutiny, failure to suppress mutiny, communicating with the enemy, and conduct prejudicial to military discipline, among others. He stated that the indictment alleges that the accused conspired with unknown persons to take part in a violent mutiny to overthrow the government of Sierra Leone on November 21 and 26, 2023.
Lawyer Sesay emphasized that all the accused confirmed their membership in the Republic of Sierra Leone Armed Forces (RSLAF) and that their roles in the events justify the charges of mutiny. He addressed each accused’s testimony, highlighting inconsistencies and evidence of their alleged participation in the mutiny.
He said the first accused Major Bai Sesay in his testimony wanted the court to believe that he was not on duty when Koita requested for weapon and did not tell the court why koita needed those guns.
Lawyer Sesay said that Koita needed the guns to attack Wilberforce barracks, the Joint Logistics Unit (JLU) at Murray town, Correctional Facility, and Cockrill headquarters.
.For the second accused, Staff Sergeant Joseph Conteh, Sesay recounted his testimony of being captured by assailants and following their orders to save his life.
The third accused, Sergeant Alimamy Alhaji Conteh, was accused of leaving his post without permission and travelling to Lungi, purportedly to accompany his son to Dubai. Sesay suggested that Sergeant Conteh knew about the planned attack and fled to avoid it.
Sesay further addressed the fourth accused, Corporal Alpha Wurie, who allegedly left his deployment at Wellington and was found with conspirators. CCTV footage reportedly showed Wurie at Pademba Road prison with the attackers.
Lance Corporal Ibrahim Kuyateh, the fifth accused, claimed he was kidnapped by the enemy and given a rifle. Sesay challenged his statements, questioning his presence with RPG weapons at Pademba Road.
The sixth accused, Lieutenant Colonel Lahai Kemoh, was identified by Major Dassama, who testified that Kemoh fired an RPG at his office. Kemoh denied involvement but fled to Liberia after the coup attempt, only returning when his name was not on the wanted list.
Addressing the board members in the case against the seven accused, Sergeant Baimba Bangura, lawyer Sesay highlighted that his client was charged with the offense of failing to suppress mutiny. Sesay argued that Bangura knew about Koita’s intention to overthrow the government but chose not to inform the authorities.
In his submission, lawyer Sesay presented the WhatsApp number of the first accused, Major Bai Sesay, confirming it to be his. He added that the same number was found in Koita’s phone. Sesay also showcased before the court that a call was made from the first accused to Koita on November 22, which went unanswered. Furthermore, on November 25, 2023, Major Bai Sesay received a call from Koita, inquiring about the situation, and later, Koita called again, requesting weapons.
Lawyer Sesay presented evidence of a group call on November 22, 2023, involving the first accused, Koita, and Abu Dauda. However, he noted that the purpose of the group call remained unknown. He argued that the first accused chose to side with the enemy instead of protecting the state. Sesay insisted that the participation of all the accused on November 26 dishonored the state, as they allied with the enemies rather than defending the country. He concluded that the state had proven its case against all the accused and urged the board members to return a guilty verdict.
Defense counsel I. Bangura, representing the 1st, 2nd, 3rd, 4th, 5th, and 7th accused, admitted that an attack occurred on November 26, 2023. However, he contended that the burden of proof lay on the prosecution, which failed to demonstrate that the accused were captured by the enemies. Bangura urged the board members not to base their judgment solely on the prosecution’s evidence, emphasizing that the accused were military personnel deserving of good conscience in judgment.
Bangura further argued that the prosecution failed to present recordings of the seventh accused’s statements to the investigators, particularly regarding his interaction with Sergeant Kallon. He noted that Sergeant Kallon was never brought before the court to testify, urging the board to consider this omission. Additionally, Bangura pointed out that Lieutenant Colonel Sandi, frequently mentioned during the investigation, was never brought before the court. The commander of the second accused was also not summoned to confirm his alleged orders.
Bangura asserted that the accused were captured at different times and locations by the assailants, and their lives were in danger, justifying their behavior to protect themselves. He criticized the prosecution for not providing sufficient evidence to prove the offenses charged against each accused.
Specifically, Bangura highlighted that the first accused received a call from Koita requesting weapons but did not take the request seriously due to Koita being out of jurisdiction. There was no evidence of missing arms or ammunition from his unit. The second accused was visiting family in Waterloo when he was captured by the assailants, and his behavior was consistent with military regimentation. The prosecution did not produce factual witnesses to implicate the second accused in the mutiny.
The third accused was accompanying his son to the airport, with no witnesses brought by the prosecution to prove his involvement. The fourth accused was on his way to his unit at Murray Town when captured. The fifth accused was captured at Cockrill headquarters after hearing a bomb blast. Bangura argued that the story of the seventh accused was clear and that he had no business being in court.
Defense counsel Bangura concluded that the prosecution failed to provide sufficient evidence against the first to seventh accused (except the sixth) and urged the board to acquit and discharge them.
Lawyer Chernor Kamara, representing the sixth accused Lance Corporal Lahai Kemoh, argued that his client pleaded not guilty to all charges of mutiny. Kamara emphasized that the prosecution bore the burden of proving their case beyond a reasonable doubt. He pointed out that Sergeant Kargbo took statements from the sixth accused, who claimed he left the country because his life was under threat and was with his girlfriend on November 26. Kamara argued that the prosecution’s case relied on circumstantial evidence and urged the board to return a not-guilty verdict for the sixth accused.
At the conclusion of their closing addresses, Judge Advocate Mark Ngegba informed the court that notices would be sent regarding his summing up and judgment.