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Friday, September 20, 2024

As Army General Testifies in Paolo’s Trial… Hope For The Defence

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By Janet A. Sesay

Commissioner for Small Arms, Brigadier-General Tamba Allieu yesterday testified in the trial of Alfred Paolo Conteh, Sahr Anthony Sinnah and Prince George Hughes, first, second and third accused persons.

The three are standing trial for 16 counts of treason and other related offences presided over by Justice Momoh Jah Stevens of the High Court of Sierra Leone.

The second and third accused persons are employees of the commission for Small Arms.

Led in evidence by state counsel, Adrian Fisher, the witness started his testimony by informing the court that he is the head of the Commission for Small Arms deputised by the second accused, Anthony Sinnah.

He said the commission was established by an Act of Parliament in 2010 to control the proliferation of small arms by registration and licensing.

Mr Allieu also told the court that the second accused had served the commission for 12 years and that he had cordial working relationship with him.

Witness says whenever he travels out of the country for medical treatment; he obtains permission from State House by writing the President.

After permission is granted, witness says, he calls the second accused and hand over to him the affairs of the commission.

“I usually hand over to him the registrar stamp, and take it from him when I return from my trip,” he said.

The witness, Tamba Allieu recognised the accused persons and recalled 3rd March, this year.

On that day, witness said, he was at the commission, upon his return, from 34 Military Hospital at Wilberforce in Freetown having seen his medical doctor.

Upon his return, Witness said, he did not get any information from the second accused that Paolo Conteh had come to renew his licence at the commission.

On the following day, witness continued, he went for work at the commission and saw the second accused Sahr Sinnah and the first accused, Alfred Paolo Conteh at the corridor of his office.

Not too long, witness said, he went to his office and the second accused informed him that the first accused, Paolo Conteh came to the office to renew his license.

Mr Allieu further testified that the second accused told him he had renewed Paolo Conteh’s licence owing to the confidence he had in him.

Witness also explained the process one can go through to obtain a fire arm license.

He told the court that any person who wants a fire arm must   report to the Fire Arms Bureau where the criteria would be shown to the person.

The criteria, witness said, were that the person must attach all relevant documents like police clearance, Integrated Intelligence Services Form and will be asked for a referee who would be a Paramount chief, tribal head, and lawyers among others.

“The reason is for the referee to recommend that the person is law abiding,” he said.

Afterwards, witness went on, details of the referee would be taken down, and the person would go to the Criminal investigation Department for background check.

“If the person has no bad record, he visits police headquarters and International Criminal Police Organisation and later goes to Connaught hospital to see the police doctor for medical examination,” witness explained the process to the court.

Witness also told the court that before approval was given, he would send the documents to the Fire Arms Bureau to register it on the ledger.

Mr Allieu further testified that the armourer would teach the person normal safety precautions and how to fire the weapon.

The safety precautions, according to the witness, is that the person should not put the pistol and the ammunition together and should not take a loaded weapon to a public place.

“The criteria are contained in the Arms and Ammunition Regulations Act,” he said.

For the process of renewal, witness said, the person would come with the licensed weapon and surrender it to the commission.

“The person will not go again to the entire process of licensing save a medical paper to show that the person is still fit to handle the weapon,” witness said.

At this point, one of the defence counsels, Joseph Fitzgerald Kamara objected on the grounds that the prosecution was cross examining the witness inside examination-in-chief.

Counsel Kamara submitted that it was not proper noting that the prosecution wanted to treat the witness like a hostile one.

“As members of the defence team, we will not allow that to happen,” he told the court.

The defence’s objection was upheld by the presiding judge. Justice Momoh Jah Stevens said whatever was left as recipe for the prosecution could be used for address.

The witness, Mr Allieu continued his testimony by identifying a document labeled exhibit Z1-12 which bears the signature of the second accused, Sahr Anthony Sinnah dated 3rd march, 2020 but the registrar’s stamp was not there.

Witness continued that exhibit BB1-4 was part of the documents while the first accused was in the process of renewing his licence.

The said exhibit bears the signature of the witness, Tamba Allieu.

The prosecutor, Adrian Fisher was going to pose some questions in respect of exhibit BB1-4 but was objected to by one of the defence counsels, Joseph Fitzgerald Kamara.

Counsel Kamara argued that the purported question was incriminating.

The defence counsel emphasised that if the question was answered by the witness it would lead him to the commission of a crime that would land him in the dock.

“Witness’s signature is already on the exhibit and no question should be posed around the document,” he submitted.

Justice Momoh Jah Stevens upheld the defence’s objection for the second time.

The witness, Tamba Allieu was cross-examined by two Counsels for the defence, Joseph Kamara and Rowland Wright.

In his response to a question posed by Counsel Kamara during cross-examination, he said all licences held by the first accused were issued by the commission.

Similarly, Witness also told the court while responding to a question by Counsel Wright that the first accused went through the correct procedures while trying to lawfully acquire his fire arm, Glock-21 pistol in 2017.

Witness also stated that his Deputy, Mr Sinnah, now second accused, observed the correct procedures of licensing Glock- 17 pistol.

Tamba Allieu further informed the court that for the past one year seven months in office, the second accused had been doing all his official work whenever he travels out of Sierra Leone for medical examination and treatment.

At this juncture, Counsel Wright requested the court to furnish him with the statements which Mr Tamba Allieu made to the CID.

The statements of Mr Allieu were read by the court registrar.

Counsel Wright detected that the statements of the witness had been tampered with and he submitted they should be expunged from the court records.

The thrust of counsel’s submission was that Detective Superintendent M. K. Allieu obtained the statements while the matter was in progress and that he had previously testified on the same case.

However, Justice Stevens ruled that, in his opinion, the prosecution was still entitled to obtain further statements from witness as long as the prosecution’s case was yet to close.

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