By Emmanuel Christian Thorli
Defense Counsels representing the twenty six military officers at the Court Martial trials have pleaded with the Judge Advocate Mark Ngegba and the Seven-man Board members to pass a verdict of not guilty on all the accused persons, on submission that the State has failed to produce sufficient evidences before the court against the accused persons on the charges they have been standing trial for.
They made this submission on Thursday, 8th August 2024 during their closing addresses to the Judge Advocate and the Seven=man Board Members.
In his closing address, Lawyer Charles Isreal Williams on behalf of the 12th accused started by highlighting that in Criminal Law, the conspiracy between two or more persons is to commit a crime in the future, adding that this may require that at least one overt act be undertaken in the furtherance of that agreement in order to constitute the offense.
He said the Prosecution woefully failed to lead evidence as to the fact that the 12th accused conspired with other persons unknown to commit the alleged offences with which he is charged.
He said there is no uncontroverted evidence in the trial to show that his client had an agreement with any other person to commit any of the alleged offences, adding that the Prosecution was unable to prove beyond what the first accused convict Alhaji Koroma told them which the 12th accused unequivocally denied. He therefore asked a question as to who should the court believe.
He further submitted that his client gave a clear account of how he left Kenema to Freetown and went to Lumley before attending a carnival at Murray Town with one Esther whom he met on the 25th November, 2023 whiles traveling to Freetown, adding that his client also called two witnesses.
Lawyer Williams further submitted that his client was charged with the offense of mutiny which means to overthrow the government, having knowledge and participating, but that there was no evidence of his client having knowledge or participated in the coup.
He said the allegation against his client was that the first accused now a convict Koroma, convinced his client to take part in the mutiny but there was no evidence before the court on that.
He said the Prosecution failed to prove that his client had prior knowledge of an intended mutiny and if he does lack knowledge he could not have failed to suppress it.
He submitted that between the Sixth, Eight, Twelfth and Twenty-third accused persons who testified before the court, none of them said the Twelfth accused was part of the coup neither did he do anything.
He said two witnesses testified on behalf of his client where one of them said he is a graphic man and his client went to Murray Town Barracks to attend a carnival.
He maintained that his client came to Freetown to work for a church which was proven and Lans Corporal Lebbie also confirmed it and told it to the investigators but they did not consider it.
He said his client has not been charged with anything relating to his absence from work which is been found under Section 46 of the Arm Forces Act.
He added that the Prosecution has left the court to believe the story of his client, adding that his client said he relied on his statement and evidence shows that. According to Lawyer Williams, his client did not conspire with anyone to commit murder as the Prosecution suggests, pointing out that the Prosecution did not visit the scene of crime of the murder that was alleged against his client.
He submitted that where the guilt of the accused cannot be proved, the court should discharge for lack of evidence against his client because nothing was proved against his client in the evidences of WhatsApp conversations, pictures at Pademba Road Prison, Murray Town or at the premises of Pa Sesay.
He said the Twelfth accused did not participate or conspire with anyone to commit such an act. He said for all the count charges against his client, the Prosecution has not proved anything before the court.
He therefore pleaded with the Board Members to pass a verdict of not guilty on his client and be discharged of the charges.
On behalf of the 16th and 22nd accused, Lawyer Julius Kofi stated the importance of noting the evidences relied upon by the Prosecution against both clients in support of the charges preferred as they are circumstantial with no absolute evidence linking both accused respectively to any of the charge they face.
He went on to submit that there are manifested inconsistencies and unreliability in the evidences adduced by the Prosecution to the extent that no reasonable Tribunal can convict the accused.
He further submitted that PW 4 in his testimony before the court was not saying the truth when he said that he cannot tell whether the Sixteenth accused signed and received arms and ammunitions on the 25th and 26th November 2023, adding that this witness knows that the AFPC did not issue arms to its personnel on both dates.
He continued that the 22nd accused in his statement made to the Military Police said on that day, he was at home with his wife sleeping and between the hours of 02:00 and 03:00 hours of the 26th November 2023, they heard shooting from Wilberforce. He said such evidence was not investigated as the Prosecution should have asked his wife to confirm whether what his client was saying was a truth.
He said the 22nd accused in his statement also said that he heard the sound of fire alarm blowing at 3rd Brigade headquarters Murray Town and he got up from his bed, dressed up in his milk fatigue and answered the call to muster parade and upon arrival, he met his colleagues and his bosses Major Bah and WO2 Kargbo, but that the Seventeenth witness during his investigation did not speak to any of the said personnel to verify the fact that his client answered the call to muster parade and was there.
He said the testimony of PW 26, Inspector Mohamed Jusu was also frothed with inconsistencies and untruths, adding that his testimony should not be trusted and must be treated with extreme caution. He posited that witness Jusu lied to the court that the 22nd accused has more than one mobile phone but no other witness from the Prosecution tendered ant other mobile phone they said belonging to the 22nd accused and therefore submitted that the testimony of Inspector Mohamed Jusu be unequivocally called out to be untrue and a deception, lashing at Jusu has having a calculated attempt to hoodwink the court.
He further submitted that the defense had pointed out countless doubts in the case of the prosecution and said the prosecution has failed in terms of adducing any iota of evidence to warrant the return of a verdict of guilty on both the 16th and 22nd accused on the offences for which they stand charged.
He therefore pleaded with the Judge Advocate and Board Members to take a look at both accused as they are young men with families to maintain, adding that they have so far devoted to serve the RSLAF and this nation for twenty-five years, submitting that both accused cannot subject themselves to the cowardly act of 26th November, 2023 and derail their lives and those of their families for the future.
Lawyer Julius Kofi therefore prayed that the Board Members return a verdict of not guilty so that they can be acquitted and discharged and they can return back to what they have been doing best, which is to serve and protect their beloved Sierra Leone. The matter continue today for further hearing