By Janet A. Sesay
The Lead State Counsel, Joseph Sesay after his closing address in the ongoing court martial trial has on Tuesday, 6th August, 2024 asked the Board Members to return a verdict of guilty on all the accused persons because according to him, chose to be enemies to the State.
Addressing the court, Lawyer Sesay said the State has proven the guilt of the accused on all 88 count charges levied against them. He displayed Exhibit ABU on the screen which is an audio recording extracted from the mobile phone of accused Edward Koroma, where he was explaining to one of the assailants how to destroy the padlocks to the arms store.
In the audio, Edward Koroma explained how to destroy the padlocks to the arms store with the use of a giant cutter and also explained to one of the assailants the presence of two guards to the arms store, one of whom is a Mende by tribe and suggested that they should disarm and kill him with his weapon.
The audio further explained how Koroma also said that after they have entered the arms store, they should go to the entrance of Wilberforce Barracks to attack those who were on duty, adding that they need man power to execute their plan.
Accused Koroma also in his audio recording said on the very day he would take the officers who are in charge of the arms store for chilling so that they can execute their plan.
State Counsel said the audio was extracted from the tablets of six accused persons by the Cyber Officer Mohamed Jusu, during investigation, adding that this shows that they had the plan to overthrow the government as serving member of the military force.
Addressing the court further, Lawyer Sesay said the second accused, Ibrahim Bundu was the store man at 5th Battalion and he was also the Reckey Officer.
He said he was charged with the offense of mutiny in which the State has established that he was part of the plan.
Lawyer Joseph Sesay furthered that the nature of the attack involved the testimonies of the accused themselves as they were able to tell the court about their location during the time of the attack.
Lawyer Sesay furthered that on the 26th November an RPG boom blast was heard, adding that RPG is a weapon that is not normally used except for serious cases and this he said shows the gravity of the attack by the assailants.
He said Corporal Alfred Methodist Kargbo, one of the witnesses said he was cautioned by the attackers and they told him to join them to overthrow the government of Bio since he is a gallant man.
He said the 4th accused was seen asking for support weapon at Cockeril but during his testimony before the court, he said he went to Cockeril to visit his sick friend.
He said the testimony of Major Kainessie shows that he had earlier cautioned the accused who was in charge of the arms store at Cockeril to secure it, but Cockeril was still being attacked and some of the accused in their testimonies confirmed before the court that there was an RPG boom blast at the headquarters.
Lawyer Joseph Sesay maintained that the accused themselves in their testimonies revealed that before they approached Pademba Road prison, they patrolled on foot from St. John to Campbell Street and when they were close to Pademba Road they blasted an RPG bomb.
He pointed to the statement of the 5th accused, Kalie Marah on pages 16-18 marked as Exhibit Q-25 which states that the accused admitted being contacted by the 1st accused convict, Alhaji Koroma to deploy men for the mission but in his testimony before the court said that he was not around during the incident.
Addressing the court on behalf of the 6th accused, Lawyer Sesay said he was with the assailants as a driver and also as Reckey personnel.
Lawyer Sesay maintained that as Recky personnel of the Arm Forces, the 6th accused misused his role by giving information to the assailants about the arms store and how they were going to be gain access to it, adding that such an act amounted to mutiny.
He explained that the 7th accused is a resident of Wilberforce Barracks who in his testimony told the court that he left his house to defend Sierra Leone but he later joined the assailants on the claim that he was captured and taken to the arms store.
Lawyer Sesay further submitted that the 7th accused failed to disclose this information to the authorities after the incident about what transpired at the arms store because the assailants are his friends.
He pointed out that the 7th accused was with the assailants until when the Presidential Guards went to the store to rescue it and that while they were on the run, he was still with one of the assailants and he was giving him direction where to go.
Lawyer Joseph Sesay submitted that the 7th accused was never captured by the assailants, but he was an active participant.
On the 8th accused, Counsel Sesay said he was in constant communication with the assailants which was proven from his phone and he also confirmed that they went to Pademba Road, adding that he was on his phone during that time of the incident but, in his statement, informed the court that he switched his phone off on 25th November because he was on an operation and he switched it on again on the 26th November.
Lawyer Sesay further submitted that on Exhibit ABU under the phone number of the accused, the investigators confirmed an audio message he sent to the 6th accused informing him that they have freed the prisoners at Pademba Road and asking their whereabouts.
He said the 9th accused also came from the 5th Battalion. He displayed Exhibit ABU which contained a video footage showing the 9th accused in front of Pademba Road prison among others carrying weapons, but that he told the court that he was captured by the assailants and forced to be part of them.
Lawyer Sesay submitted that the 9th accused was not forced to be part of the attackers as he participated voluntary, adding that the correctional center was opened by him and others. He said he was also seen in a picture display when they went to the herbalist for fortification, but that he told the court that he went to see the herbalist for other assignments and not on the coup matter.
On the 10th accused, Lawyer Sesay said he told the court in his testimony that he was captured by the assailants at Wilberforce and was placed in a vehicle and was driven from Wilberforce to Songo with his head bowed down.
Lawyer Sesay said that cannot be an excuse for a military officer, he said if it was a civilian it would be understandable but as a military officer, it was not possible for him to have been put under gun point and his head bowed down from Wilberforce to Songo.
He said the 11th accused in his statement established how he was in constant communication with Koita, adding that convict Alhaji explained to the court what happened before, during and after the attack and it was during that moment they came to know that the 11th accused was communicating with Koita on the plan.
He said the 11th accused had the opportunity to inform authorities on what they were discussing in order to prevent what happened but he did not do so instead he joined them in the plan.
He said the twelve accused Corporal Marrah alias “Cham am raw” testified in court and witnesses were called.
He explained how Marrah told the court that he was deployed at Kenema and he obtained a pass but there is no evidence before the court that he had a pass.
He said Marrah was arrested at Murray Barracks at the JLU, adding that did he leave Kenema to Murray Town Barracks without a pass. He added that the attackers were at Murray Town Barracks including Leather boots who was also at Murray Town Barracks.
He said the accused told the court that he left Kenema for Freetown to do his artistic work which is not a bad profession, but was seen at JLU with the attackers and that amounted to mutiny.
Lawyer Sesay said in respect of the 13th, 14th and 15th accused persons; evidences were led showing their involvement in the coup. Exhibit ABU was again displayed where pictures of them were shown at the herbalist’s house to fortify their bodies.
He said Captain Senessie and Captain TLk, in their testimonies before the court claimed the 13th accused; Abdul Razak was deployed at Benguima but that on the day of the incident, he was the driver who took the assailants to Wilberforce Barracks.
He said the accused never had a pass to leave his deployment area, but he left without a pass and was in the company of the assailants during which time they killed soldiers and personnel including civilians.
Lawyer Sesay said the 14th accused had clearly participated in the mutiny as evidences have been unfolded against him. He said the 15th accused was deployed in Lungi and he told the court during his testimony that he was having a Welfare Pass to which there is no evidence before the court. He said the accused in his defense called witnesses. He furthered that the accused in his statement told the investigators that he had a family gathering at Makeni but upon arrival at the house of the meeting his brother was not there.
Lawyer Sesay said the brother of the accused in his testimony said on that day he was at home when the accused arrived and he ate and went to bed.
Lawyer Sesay pointed out inconsistencies in their testimonies, noting that such inconsistencies should not be taken for granted by the court as the center was no longer holding.
The Prosecuting Lawyer furthered that the 15th accused violated the curfew and was rushing to return to his post when he was caught out of time. He submitted that the 15th accused was part of the attackers on that day.
He furthered that the 16th accused in his testimony said on that day his colleagues needed him to rescue his child at Cockeril when he should have been at his deployment which was not Cockeril for that night. Lawyer Sesay questioned whether other soldiers that were there weren’t capable of rescuing the child.
He said there was no evidence before the court that he did rescued the child or he made enquiries about the child. He added that in Exhibit MM 1-10 which is the statement of the accused to Investigators, he said he was able to identify Staff Sergeant Abu Dauda clearly at Cockeril headquarters and saw him at QRM quarter firing but in court, he said he never saw Staff Sergeant Abu Dauda at Cockeril headquarters. He therefore asked why did he defend Abu Dauda in court and told the investigators different things. He said this conduct of the accused clearly shows that he participated in the mutiny.
On the 17th accused he described him as a Commander, adding that his duty is to take control of the arms store at 5th Battalion but that he didn’t carry out his role well. He said before the arms store was attacked he was given directives to be alert by his authorities.
He furthered that giving command for soldiers to be on alert he may not be required to be present but he should have ensured that his command was followed to the letter since any threat to the arms store was a danger, but that he was nowhere to be seen. Lawyer Sesay said this shows that no matter the order given to the accused by his authorities he will disobey them.
He furthered that the accused in his statement said he did not know that the arms store was to be attacked. He said this statement was not true as he knew what was happening and he was part of the offence of mutiny. He said the eighteen accused was also part of the team for the same purpose.
He explained that the 19th accused testified in court that he left his house to go to his office to protect RSLAF documents which was good but was given instructions which he didn’t follow.
He said there was blood stains leading to his office and when his door was knocked he refuse to open it saying that he did not know who was an enemy at that time.
He said the 16th accused was seen in his office and he was administering first aid treatment on him. This, according to Lawyer Sesay shows that he was also part of the coup to overthrow the government.
Lawyer Joseph Sesay said the State has led sufficient evidences against the accused persons, and therefore pleaded with the seven-man Board Members to give a verdict of guilty against all the accused persons, referring to them as Enemies of the State. The matter comes up today for continuation.