By Fatima Kpaka
Justice Samuel O. Taylor of the High Court has on Wednesday 17th January 2024 reviewed the bail condition and has admitted former President Dr. Ernest Bai Koroma who is standing trial for treason and other offenses permission to travel out of the country to seek medical attention, on the condition that the former President should return in three months to stand trial.
This order came after the lead counsel for the former President lawyer Joseph Fitzgerald Kamara applied to the court to allow his client to travel to the Federal Republic of Nigeria on medical grounds.
After the said order from the High Court the matter was again mentioned at the Magistrate Court but the accused was absent.
The state prosecutors were the Attorney General, Mohamed Lamin Tarawally, lawyer R. V. Kowa, the Solicitor General, O. I. Kanu, Director of Public Prosecution, A.G.M. Bockarie and A. V. Koroma.
The Defense team included Joseph F. Kamara, Amadu Koroma, Musa Nuru Kamara, Brima Koroma, Samuel Bangura, Osman Kamara, Madieu Sesay and Umarr Turay.
Lawyer Kamara in his address apologized to the court for the absence of the accused, and gave notice to the court that he was absent due to his medical condition. He said they had hoped that the accused came to the court no matter how late, noting that the day had been far spent.
He also presented the court a copy of a medical report from a renowned medical practitioner in the country which evidenced the state of former President Koroma’s health.
He also informed the court that the two sureties of the accused who happened to be the Chairman of the APC and his Deputy were present.
State Counsel, A. G. M. Bockarie replied to the defense’s submission that he trusts the defense, but had wanted to test the veracity of the medical doctor’s intimation to the court, he furthered that they had their witnesses and that the absence of the accused had deprived the state of proceeding with the matter.
He said that the only fear is that the accused should not use the bail as an opportunity not to come to court.
Lawyer Kamara responded that the accused had always availed himself in the interest of Justice, at the CID and at the Anti-Corruption Commission.
He also intimated the court that they had an order from the High Court to which the accused applied for reconsideration of his bail conditions. The said order and motion, he said, had been granted at the High Court.
Lawyer Kamara however presented a copy of the said order to the Magistrate.
The Attorney-General, Mohamed Lamin Tarawally said they had witness and had indicated to the court that they were ready to proceed with the matter, adding that on the 11th of January 2024 the Secretary General of the APC Lansana Dumbuya released a press statement which was very inciteful and called on the court to admonish the defense to show respect for the court.
He said that after the last adjourned date all sorts of comments had been made to suggest that the matter before the court is indicative of a witch hunt by the Government of Sierra Leone which will create chaos.
He said though they the accused is guilty could not confirm the accused’s guilt, the prosecution had brought him on allegation of treason and what the secretary general of the APC did was bad.
”The reason why we are here is to put our evidence before the court and the public”, he said, and furthered that as lawyers they owe a duty to the state and the public.
He also informed the court that the lead counsel lawyer J. F. Kamara had been on TV granting interview that the offences were false.
Lawyer Kamara in his reply said he was free to speak on the fact of what the law is and if the other side is unhappy they are sorry, adding that what he said about their secretary general was irrelevant as he was not before the court neither is the APC.
He described the statement of the A. G. as irrelevant.
He said the state should be broad shouldered and not build their case out of the mouth of the accused and should not guide others not to talk about their case.
He however said there should be an opportunity for the defense to put their case to the public, adding that he would have loved the state to have brought their witnesses.
He promised to serve the court with a notice for the state to bring their evidence.
The Attorney General responded that they are not saying that the public should not report but not delve into the evidence. He urged the court to admonish the defense team.
The Magistrate intimated the court that he had taken judicial notice of the court order and wished the accused speedy recovery, but he however urged the defense to do what is needed to expedite the matter.
Magistrate Santigie Bangura said the public should know that when the matter is before the court no one should delve into the evidence, and added that section 120 gives the High Court the powers to charge a person who breaches such procedural requisite for contempt, such infractions had the tendency of prejudicing the public towards a particular direction.
He urged the media and members of the public not to give opinion in the matter. Those who give their opinion he said will be brought to court for contempt.
Lawyer Kamara, considering the medical status of the accused, asked for three months adjournment so that the prosecution could properly prepare to determine their case.
State Counsel Bockarie in reply asked for a month adjournment.
Magistrate Bangura in his ruling adjourned the matter to the 6th of March 2024.
The former President Dr. Ernest Bai Koroma is before Magistrate Santigie Bangura of Pademba Road Court No. 2 on preliminary investigation into four counts: Treason, Misprision of Treason, Haboring etc.
The state alleges that the former President on diverse date between 5th of November 2023 and 26th November 2023 in Sierra Leone prepared to overthrow the government of Sierra Leone by unlawful means.