By Janet A. Sesay
The Court Martial trial of Twenty-seven accused Soldiers of the Republic of Sierra Leone Armed Forces (RSLAF) has on Tuesday, 20th August, 2024 ended with one of the accused, Lans Corporal Abu Bakarr Koroma alias Opanday walking free as he was found not guilty by the Seven-man Board Members.
Lan Corporal Opanday was found not guilty of all seven counts charges he was arraigned for before the Court Martial based on the reasoning of his insanity.
He was charged with the offences of mutiny, murder, communicating with the enemy, failure to suppress mutiny and other related charges in connection with the November 2023 failed coup.
The freed soldier was the 18th Accused among other 26 soldiers, 25 of whom had already been convicted.
The pronouncement of “not guilty” verdict by the Judge Advocate, Mark Ngegba at the Military Headquarters came after Corporal Koroma’s Defense Counsel, Ibrahim Bangura from the Legal Aid Board, applied for the court to return a not guilty verdict on the reasoning of his mental health condition.
Lawyer Bangura cited a provision in the court martial procedure pointing out that a trial of an accused may continue if he is fit, but otherwise not to continue and that the court martial should find a suitable time to do findings on the accused medical condition.
He went further to say that if the accused is proven insane, the court martial should find him not guilty.
He further cited a medical report by the Military Medical Unit dated 1st November, 2023, that stated clearly that the accused was insane and that because of his state of mental health (epileptic condition), the RSLAF was on the verge of retiring him from service.
According to the Defence, the accused’s mental status got worsened on 14th November 2023, adding that at the time of him alleged involvement in the crime, he was already mentally unfit.
In his reply, the Lead State Prosecutor, Joseph A. K. Sesay affirmed to the court that they were in possession of the accused person’s medical report from the RSLAF Joint Medical Unit and that they relied on the medical report on his mental status.
At a brief encounter with the Press, the Legal Aid Board Defense Lawyer said the outcome of the trial showed justice has been served and that due process of the law was followed. He maintained that at the time his client participated in committing the offences he could not have been in the position to appreciate the reality of things, adding that he was suffering from defect of reasoning, sound mind and he could not have participated voluntarily.
The State Prosecutor informed journalists that the whole trial process boils down to ensuring justice, stating that their role was to prosecute and not to persecute. He said when the Defence made its application two weeks ago, they as Prosecutors investigated the issue with the Military’s Medical Unit following which a medical report was produced that went in concurrence with their findings on the accused person’s mental status, and that that medical report was referenced by the Defence. He said in cases of this nature, the court has no alternative, but to terminate the trial.
After the verdict, the Seven-man Board was dissolved.