By Fatima Kpaka
The Judge Advocate Mark Ngegba who presides over Court-martial trial, has on Thursday, June 27, 2024, dismissed the no case submissions made by defense counsels on behalf of six soldiers who are standing trial on 88 counts including mutiny, failure to suppress mutiny, murder, aiding the enemy, communicating with the enemy, conspiracy to commit mutiny and other related offences.
During their ‘No case to answer submission, counsels indicated that the accused persons have no case to answer before the court and therefore should be discharged accordingly.
The accused include the 11th accused who is standing trial before on seven counts; 15th accused Sergeant Momoh Kargbo is standing trial on 20 counts;16th accused Adekalie Turay who is arraigned before the court on nine counts, 19th accused WO2 Sitta Dumbuya is standing trial on four counts, 22th accused Alpha Turay is before the court on five counts and 25th accused who is before the court on seven counts.
The learned judge advocate said all the accused persons are serving members of the Republic of Sierra Leone Armed Forces.
Delivering his ruling, judge advocate Mark Ngegba said the accused are arraigned before the court on 88 counts which includes mutiny, failure to suppress mutiny, murder, aiding the enemy, communicating with the enemy, conspiracy to commit mutiny and other related offences.
He said the Prosecution called 37 witnesses who testified and tendered 108 exhibits before the court.
He further said that in the case of the 11th accused, the evidence against him comes from the cyber officer Inspector Mohamed Jusu in his exhibit showing pictures of the accused in military uniform holding a rifle.
He said the accused in his statement made to the military police at first denied knowing Koita but later admitted that Koita sent him the sum of Nle1,500.
The judge advocate said that in that case the prosecution has proven the offense of conspiracy and it has been established that the accused conspired with other persons to overthrow the government and therefore dismissed the no case submission of defense Counsel.
In the case of the 15th accused Staff Sergeant Momoh Kargbo, the judge advocate said the Prosecution states that he traveled from Lungi to Freetown without a valid welfare pass that was not sign by authorities.
He said the accused in his statement said he did not know that the pass given to him by Sergeant Mattia was fake.
He further that the accused also told the military police that he obtained the said pass to attend family function and he admitted that he regretted not handing over the military Toyota Landcruiser that was assigned to him to the authorities.
The judge advocate said this bit of evidence implies that the prosecution has made a valid case against the accused, and therefore the no case submission made by defense Counsel is demised.
On behalf of the 16th accused Adekalie Turay, the judge advocate said the accused said in his statement said he was arrested at the office of Lance Corporal Kamara at Cockrill headquarters.
He said before the arrest at night, the defendant and other soldiers were at the gate but later moved down to the corridor close to the office of Lance Corporal Richard.
The learned judge said the accused stated that whiles he was at the corridor he saw staff sergeant Abu Dauda and one other soldier entering the gate while they walked towards the corridor and started firing, and that there was crossfiring in the barrack, but he could not identify the type of rifles they were using, adding that they were wearing military uniform.
The learned judge further said that the accused further told the military police that while the firing was on going, he heard a blast and sustained injury on his hand.
He said the accused said that he then run into the office of WO2 Sitta Dumbuya who offer first aid treatment to him and was later taken to the hospital.
He said the accused further said that he also saw Koita engaging in a serious firing.
The judge advocate Mark Ngegba said the accused in his statement indicated that he saw Koita looks frightening.
He added that Koita was an enemy and should have informed the authorities but instead went into an office and took first aid treatment.
He said the accused has a case to answer and so he should open his defense.
In the case of the 19th accused WO2 Sitta Dumbuya, the Prosecution said he was in his office administering first aid treatment to Staff Sergeant Adekalie Turay, and when asked to open the door by other soldiers he became afraid to open the door until he was forced to do so.
The learned judge said the accused in his statement said on that day, he went on duty at Cockerill and when he reached at the gate he met late Sergeant Conteh and staff sergeant Adekalie Turay who told him that he has been injured and he gave him first aid treatment.
The judge advocate asked why the defendant refused to open the door when commanded by fellow soldiers to do so.
He said in that case the prosecution has proved a case against the accused on the offense of mutiny which means he has knowledge of what was happening.
He therefore dismissed the no case submission of defense Counsel.
In respect of the 21st Alpha Turay, the judge advocate said that the defendant in his statement to the military police said before the incident he received a call from one Amadu who asked him to assist them with weapons and he asked him how he got his number and the said Amadu told him that it was Sergeant Janneh that gave his number to him.
The judge advocate said the accused also told the military police that he then told the caller that he would not be able to give him weapon and blocked the said number but failed to inform authorities about it. He said that that was a mistake on his part defendant.
Judge advocate Mark Ngegba said the prosecution has also established the offense of failure to suppress mutiny against the accused and therefore dismissed the no case submission of defense Counsel.
On the no case submission for the 25t accused, the judge advocate said the defendant in his statement confessed communicating with Koita and corporal Koroma, adding that they were colleagues.
He also confessed that Koita told him that he will be coming to Freetown and what came to his mind was that Koita is going to overthrow the government, but he did not inform authorities, noting that the attempted coup happened one week after their communication.
The learned judge further said that that this act clearly shows conspiracy.
He said the Prosecution has adduced sufficient evidence against the accused and so the no case submission of defense counsel was dismissed.
He therefore ruled that all the submissions made on behalf of the accused are dismissed and order that the defense open their case.
The defense counsels sought a date to put up a robust defense.
The matter was adjourned to Monday, July 1, 2024.