By Janet A. Sesay
Defence lawyers representing Alfred Paolo Conteh were yesterday ambushed by the prosecution team who brought in new witnesses to testify on their behalf.
The defence lawyers were never informed about the prosecution’s move before coming to the court.
They only came to know about it when it was announced in court by the prosecution contrary to established legal practice.
The prosecution’s failure to inform the defence team about their move to bring new witnesses to the court became a controversial issue.
Intense objections were raised by the defence compelling the presiding judge to rule on the issue.
One of the defence counsels, Joseph Fitzgerald Kamara told the court that the prosecution wanted to do the matter on the basis of “Trial by Ambush.”
Defence Counsel made the statement when objecting to the notice of intention made by the prosecution to take additional witnesses, Issa Sesay and Joseph Bockarie Noah.
Arguing on the notice of intention, Counsel Kamara submitted that the witness would tender exhibits which the defence team would not have knowledge about.
“The serving of intention of additional witnesses is an ambush strategy by the prosecution,” Counsel Kamara emphasised.
State Counsel, Adrian Fisher was not in agreement with the submission of the defence lawyer.
Counsel Fisher cited section 188 of the Criminal Procedure Act of 1965 which, he said, clearly permitted a notice of motion to be served during court proceedings.
In his response, Counsel Kamara said he hoped the prosecution should have been magnanimous with his application.
“The prosecution has the right to serve the notice of intention, but that they should have done that earlier for the defence to peruse it and cross examine the witness,” he argued.
In his ruling, Justice Momoh Jah Stevens said it was clear to accept additional witnesses by virtue of the Criminal Procedure Act, but the service should be done earlier for the defence to get knowledge of what is about to happen.
After the ruling, the additional witnesses were allowed to testify with the expressed agreement of the defence.
One of the additional witnesses, Joseph Bockarie Noah, a senior investigator at the Anti- Corruption Commission (ACC) took the witness stand.
He recognized the first accused, Alfred Paolo Conteh and recalled December, 2018.
On that day, witness said, he was on duty at the ACC when a report was brought from Ministry of Defence against the first accused, Alfred Paolo Conteh.
He told the court that he assigned the matter to Umaru Sesay for investigation.
Witness also said, the investigator, Umaro Sesay contacted the first accused Alfred Paolo Conteh who, he said, cooperated with the investigation.
Witness could not further with the testimony during that day’s proceedings.
It was not clear whether fresh charges were about to be brought against the accused, Paolo Conteh.
During cross examination conducted by one of the defence counsels, it was made clear that that the ACC investigation of the accused, Paolo Conteh has been ongoing for 18 months.
The witness also told the court, upon cross examination, that the case was still on-going although he did not specify the corruption offences.
On the same day, Detective Police Constable, Issa Sesay attached to the Criminal Investigation Department (CID) also testified. He said he recognised the first accused, Alfred Paolo Conteh and recalled December 2018.
He testified that on the same day, he was on duty when a report was made at the CID against Alfred Paolo Conteh.
Upon receipt of the report, he said, a team of detectives were asked to investigate the case and that the accused Alfred Paolo Conteh was invited to the CID where the investigation commenced.
He said at the conclusion of the investigation, the matter was transferred to the office of the Attorney –General (AG) for advice.
The advice, according to the witness, is yet to come from the AG.
Similarly, Haja Fatmata Deen Kamara, an employee of the Sierra Leone Commission on Small Arms also testified during the proceedings.
As Head of Fire Arms license Bureau, she told the court that she recognised the first and second accused persons, Alfred Paolo Conteh and Sahr Anthony Sinnah and recalled 3rd March, this year.
Madam Kamara said she had worked at the commission for 6years with Rtd Colonel Sinnah, Deputy Head of the commission.
The witness explained the procedure to be followed to lawfully acquire a fire arm.
“Any person who wants to buy a fire arm will be directed to buy the form from the secretary at the price of Le 100,000. The form should contain two documents: one is the Medical Form and the other is the Security Clearance Form,” She said.
Madam Kamara continued that the applicant for a weapon would be advised to go to Connaught hospital to obtain a medical form.
She also testified that the applicant would also go to the CID for their finger prints to be taken.
After the process, witness said, the applicant would be asked for a guarantor and referees and that lawyers, justices of the peace, parliamentarians and chiefs were the most suitable.
“When the applicant has undergone all those processes, I take the documents to the commissioner to go through and approve it,” she said.
The payment for the form, according to the witness, will be done at the Sierra Leone Commercial Bank and that a payment slip will be taken to the National Revenue Authority (NRA).
A receipt, witness said, issued by the NRA, would be combined with the medical and other forms and that the commissioner would order Information Technology expert to give a serial number to the weapon.
The processes explained by Madam Kamara were related to the first accused, Paolo Conteh to ascertain whether he lawfully acquired his pistol.
She said on 3 March, this year, she was on duty at the commission when the first accused, Alfred Paolo Conteh went there and requested for a new application form to renew his licence for the weapon.
The accused, witness said, bought the form and she stamped and signed it.
Madam Kamara further testified that she directed the accused, Paolo Conteh to go for a medical form which, she said, the accused did.
However, witness told the court that the first accused, Alfred Paolo Conteh did not go for security clearance because it was a renewal of licence.
She also told the court that on the day the accused, Paolo Conteh bought the form, Head of the commission was not in the office and that she took the form to the Deputy Commissioner, Rtd Colonel Sinnah, now second accused, who verified and approved it.
Madam Kamara also stated that the second accused, Sahr Anthony Sinnah instructed the IT expert to issue the license to the first accused, Alfred Paolo Conteh.
“I kept the form in my office and the third accused, Prince George Hughes was the referee for the first accused, Alfred Paolo Conteh,” she said.
“The pistol is a Glock-17 MUX 841-107 and the name of the other pistol is Glock-17 9x 19 mini metres with serial number BEFE 243-175.
The matter comes up today.