By Fatima Kpaka
Judge Advocate Mark Ngegba and the seven board members presiding over the court martial trial of 27 serving military personnel on Monday, August 20, 2024, found the 18th accused Lance Corporal Abu Bakarr Koroma alias ‘Opanday’ not guilty and acquitted him on reason of Insanity as at the time of committing mutiny, murder and other related five military offences in connection to the November 2023 failed coup.
The free man was the 18th accused among other 26 soldiers, 25 of which had already been convicted in the just concluded court-martial.
The pronouncement of a not guilty verdict by the judge advocate, Mark Ngegba at the Cockrill Military Headquarters came after the Legal Aid Board defence lawyer, Ibrahim Bangura applied for the court to return a verdict of not guilty on the reasoning of his mental health condition.
Lawyer Bangura cited a provision in the court martial procedure, saying that a trial of an accused may continue if he is fit for trial.
He went further to say that if the accused is proven insane, the court martial should find him not guilty.
He further cited a medical report by the military medical unit which pointed out that the accused was insane.
He said the accused was on the verge of being retired due to his mental health (epilepsy) condition.
According to the defence, the accused’s mental status had worsened by November 14, 2023.
The defence went on to say that at the time of the accused’s involvement in the crime, he was mentally unfit.
In his reply, the lead state prosecutor, Joseph A. K. Sesay affirmed to the court-martial that they had the accused medical report from the military’s Joint Medical Unit, and that they relied on his medical report on his mental status.
Having listened to both sides, the judge advocate Mark Ngegba and seven board members unanimously acquitted and discharged the accused on the grounds of Insanity.
After the pronouncement of the verdict, the Court-martial board was however dissolved, while the Ministry of Defense has confirmed that a new board will be constituted next month to try the second batch of 15 accused military personnel, including five fugitives recently extradited from Guinea.
Lawyer Ibrahim Bangura, defense counsel from Legal Aid Board, said the outcome of the trial shows that justice had been served and that it was done following the due process of the law, stressing that the law was followed.
He went on to say that at the time he participated in committing the offences, he could not have appreciated the reality of things. “He was suffering from a defect of reasoning, sound mind and he could not have done so voluntarily,’’ the defence lawyer asserted.