By Fatima Kpaka
Judge Advocate Mark Ngegba and seven board members that were presiding over the court-martial trial for the past eight months have on Friday, August 9, 2024 sentenced Lieutenant Colonel Charles Yamba and 23 others to a jail term of 120 years plus for various offences including Conspiracy to commit Mutiny, Mutiny, Failure to Suppress Mutiny, Communicating with the Enemy, Aiding the Enemy and Murder, all contrary to the Arm Forces Act of 1961.
The 24 convicted military personnel were sentenced immediately after the President of the court Captain (Navy) Lawrence Jabati pronounced a unanimous guilty verdict on 24 accused persons and a verdict of not guilty for Warranty Officer Class I, Sitta Dumbuya on all six charges against the latter.
The sentences on all the aforementioned counts will run concurrently.
Following the verdict, Judge Advocate Mark Ngegba acquitted and discharged the 19th accused WO I Sitta Dumbuya, and he was removed from the dock and asked to go home.
Prior to their convictions, Judge Advocate Mark Ngegba summed up to the President and members of the board the testimonies of 37 witnesses who testified for the prosecution, and the 188 exhibits which had been tendered in court, including the Close Circuit Television (CCTV) footages of Pademba Road, and also the testimonies of the accused persons and their witnesses.
He said he heeded caution in using circumstantial evidence to prove the guilt of the accused persons.
In conclusion, he reminded the President and members of the board that they had a sacred responsible to listen to the direction of the court in respect of the law so that they could apply it diligently.
Later he asked the President and members of the board to retire and deliberate on the evidence which had been adduced in court.
In his ruling, after the 24 accused persons had been found guilty by the board, he commented that the military maintains a standard above all other institutions and its personnel are expected to be disciplined, loyal and noble.
“We have considered the seriousness of the offences, the law and the circumstances during the mitigation, so when we reach the completion of sentencing, it is to send a message that such an act is not tolerated in the military by virtue of what you stand for, and so in that light I shall read the following sentence as agreed on, ” he asserted.
Defense Counsel, including lawyer Julius N. Koffie who represented the 16th and 22nd accused persons, Lawyer Julian Cole for the 17th accused Colonel Yamba, Lawyer Charlie Israel Williams, Lawyer I. Bangura who represented a total of 11 accused persons and others made plea in mitigations on behalf of their clients.
They further pleaded with the Judge Advocate, Mark Ngegba and members of the board to temper justice with mercy taking into consideration the number of years the accused persons had served in the Republic of Sierra Leone Armed Forces (RSLAF), adding that the accused persons were all family members with several children.
The convicted accused persons included the 3rd, 4th ,5th ,6th ,7th ,8th ,9th ,10th ,11th, 12th, 13th ,14th ,15th ,16th ,20th ,21st ,22nd ,23rd ,24th, 25th, 26th and 27th, in their allocutuses pleaded with the President and members of the court’s board to temper justice with mercy, stating further that they had served the country diligently, and that they were care givers to their families.
They further pleaded with the court not to impose a custodial sentence on the accused persons taking into consideration the number of years they had served the army, maintaining that the accused persons were innocent of the allegations.
The convicted military personnel include the following: Lieutenant Colonel Charles Yamba, Sergeant Ibrahim Bundu Kamara alias Amerikin, Sergeant Albert Bassie Conteh, Sergeant Abu Dauda, Corporal Thalie Marrah, Corporal Edward Koroma alias Smallie, Sergeant Mohamed Kamara alias Ranger, Lance Corporal Eustace Neka, Staff Sergeant Idrissa Kallon, Corporal John Turay alias Koko, Corporal Gbenda Aiah, Corporal Alie Kamara alias Charm am Raw, Lance Corporal Musa Maligie alias Jambo, Private Abdul Razack Kamara, Sergeant Momoh Kargbo, WO II Philip Adikalie Turay, Sergeant Kemoh Fofanah, Staff Sergeant Ibrahim Thorlu Bangura alias Tiger, WO II Alpha Turay, Corporal Abu Bakarr Turay, Sergeant Rashid Koroma, Sergeant Omar Fayiah Lebbie, Lance Corporal Hassan Sesay and Lance Corporal Abu Samuel Kamara alias Agba.
The convicts were arraigned before the court-martial on 88 counts ranging from Conspiracy to Commit Mutiny, Mutiny, Failure to Suppress Mutiny, Murder, Aiding the Enemy, Communicating with the Enemy, Stealing Public or Service Property, Receiving Public or Service Property, Willful Damage of Public or Service Property, Fraudulent Misapplication of Public or Service Property and Conduct to the Prejudice of Military Discipline.
The charges emanated from incidents leading up to, during and after the 26th of November 2023, when a failed coup d’état aimed at ousting the administration of President Julius Maada Bio led to the destruction of military installation, the release of over 1,900 prisoners from correctional facilities in Freetown and the murder of serving military officers, policemen and civilians.
At the beginning of the trial in January of 2024, the 1st accused Staff Sergeant Alhaji Koroma pleaded guilty to 9 out of the 20 charges which had been proffered against him and was sentenced to 30 years imprisonment.
Also, the 18th accused person Lance Corporal Abu Bakarr Koroma alias Opanday, was on Thursday 8th August 2024 removed from the other accused persons to stand trial separately due to his health condition.
During the course of the trial, defense counsel I. Bangura, who represented Lance Corporal Koroma submitted a medical report to the court stating that he was suffering from Epilepsy.
Judge Advocate Mark Ngegba, after sentencing the 24 accused persons, informed the court that a date for Lance Corporal Abu Bakarr Koroma’s separate trial would be communicated in due course.
Warrant Officer Class I, Sitta Dumbuya who was eventually acquitted and discharged, was represented by Lawyer Hassan Kamara during the just-concluded trial.