By Janet A. Sesay
The Court Martial in Freetown after eight months of trial of Twenty-seven (27) military officers who were involved in the November 26 coup D’ etat came to an end last Friday, 9th August, 2024 with the Judge Advocate, Mark Ngegba pronouncing sentence on twenty four of the convicts to a jail terms of one hundred and twenty years imprisonment each for crimes like mutiny to lighter years of sentences for the other count charges.
The Judge Advocate further pronounced that the sentences of each the twenty four convicts would run concurrently.
This judgment came after the President of the Court Martial, Captain Lawrence Jabati and six members of the Board had returned a verdict of guilty on the twenty four military officers and a verdict of not guilty for the nineteenth accused, RSLAF 18167283 WOI Sitta Dumbuya who was discharged and sent home.
At the beginning of the trial, the accused were twenty seven in total, but the First Accused, Staff Sergeant Alhaji Koroma at the onset of the trial, pleaded guilty to nine count charges out of twenty count charges levied against him but pleaded not to the remaining which were subsequently dropped by the court, following which he was sentenced to a jail term of thirty years imprisonment which to run concurrently.
Also, the Eighteenth Accused, RSLAF 18180173 Lans Corporal Abubakar Koroma of 4th Battalion was also put on separate trial by the court due to his poor health condition.
In his summing up to the President and Members of the Board, the Judge Advocate noted that the convicts were standing trial before the court on eighty-eight (88) counts charges ranging from mutiny, failure to suppress mutiny, aiding the enemy, communication with the enemy, murder, among other relevant violations.
He said the indictment states that the convicts on 26th November, 2023, conspired together to commit mutiny by trying to overthrow the government by unlawful means.
Lawyer Charles Isreal Williams
On the indictment he exclaimed that the convicts on the 26 November, 2023 murdered Lieutenant Colonel Sami, Isaac Obi Johnson, Major Jonathan Mbomba, and other military and police officers.
The Judge Advocate furthered that the Prosecution led thirty-seven witnesses to testify before the court and they tendered one hundred and eighty-eight exhibits before the court. He went on that the Defense led twenty-seven witnesses in support of their defense.
He read out the testimonies of each of the witnesses from the Prosecution and Defense including two unsworn statements from the twenty-first accused, Ibrahim Thorlu Bangura, a security to former President Ernest Bai Koroma and the Ninth Accused, Staff Sergeant Idrissa Kallon of 15th Battalion in Lungi.
He also read out the closing addressed made by State Counsel, Joseph Sesay and the closing addresses of each of the different Defense Counsels representing the convicts.
He further told the Board Members that few of the convicts did not testify before the court nor did they call witnesses, but that all what they did was to lie on their statements made to the Military Police during the investigations.
The Judge Advocate further addressed the President and Board Members that at the end of the Prosecution’s case, the accused were put to their elections either to testify on oath, relying on their statements they made to the investigators or to testify in the dock which is an unsworn statement.
He narrated to the Board that some of the convicts raised an alibi in which the Prosecution needed to prove the guilt of the accused.
He explained that circumstantial evidence in law should be proven by the accused, adding that the Fifteenth Accused, Sergeant Kargbo Momoh told the court in his defense that on the day of the incident, he forgot to hand over the keys of the vehicle in his care to the authorities, but the said vehicle was used by the assailants to execute their plans.
He concluded in his summation referring to the Board Members as men of integrity and implored them to pay attention to the directions he has given them and should go to their room and come out with a verdict.
The President and the rest of the Board Members at that juncture retired to the enclosure to deliberate on what had been presented to them by the Judge Advocate.
After two hours, the President and Board returned to their seats and returned the verdict of guilty on all twenty-four of the convicts and a verdict of not guilty on one of the accused.
In their allocutus, the Twenty-sevenht Accused, Corporal Abu Samuel Kamara said it is not easy for them, adding that it was all due to bad advice. He prayed that the Judge Advocate tempers justice with mercy on them as they have families who depend on them.
The Seventh Accused, Sergeant Mohamed Kamara in his allocutus also said the trial and conviction was the first of its kind against since he joined the Army in 2002, but that he has decided to accept his fate.
He pleaded for mercy and said that he knew nothing about what was happening but will endear and carry out whatever punishment given to them, adding that he had since decided to serve the nation diligently.
The Twenty-first Accused, Sergeant Ibrahim Thorlu Bangura in his allocutus also said he had never before fell short of the law in the Army and said what was befalling him was a test. He maintained that he is ready to accept the outcome of the trial and pleaded for mercy adding that he has seven children and he is the one taking care of them.
The Eleventh Accused, Corporal Aiah Gbenda pleaded for mercy with tears running down his eyes.
The other convicts one after the other pleaded for mercy.
In their plea mitigation, Defense Counsel, Julius Kofi on behalf of the Sixteenth Accused, WO2 Philip Adekalie Turay and the Twenty-second Accused, WO2 Turay Alpha thanked the Board Members for a job well done, adding that his clients have been with the RSLAF for 25 years and they have never faced disciplinary actions as this is there first clash with the law. He added that they are family members and married with children.
He pleaded with the Judge Advocate, President and Members of the Board to temper justice with mercy on them, positing that the milk of mercy should flow from their breast so that his clients would be cautioned and discharged.
Lawyer Kofi further prayed before the court that they will not confer custodian sentence on them, adding that they have already served several months in prison since the inception of the trial as they have learnt their lessons.
Lawyer Julian Cole on behalf of the Seventh Accused, Lieutenant Colonel Charles James Meisheik Yamba said his client has spent 25 years serving the military of the nation, adding that he has never until the incident of 26 November 2023 he has been in conflict with the law. He furthered that his client’s fate in the incident has been determined but he will have to sum up the courage to deal with the outcome.
He pleaded with the Judge Advocate to consider his client’s service to the military, adding that up to the time of the incident, the military decided to give him the responsibility as a Commander and therefore pleaded with the Judge to show mercy on his client.
Defense Counsel, Hassan Kamara, on behalf of the Ninth Accused, Sergeant Idrissa Kallon, Twenty-first Accused, Staff Sergeant Ibrahim Thorlu Bangura and Twenty-third Accused, Corporal Abubakar Turay, made pleaded for mitigation and prayed that the Judge Advocate, tempers justice with mercy on them.
Lawyer Charles Isreal Williams on behalf of the Twelfth Accused, Corporal Alie Kamara said his client throughout his service with the military had never been called out on any situation warranting his prosecution. He said as humans we make mistakes and as humans, we also have the conscience to forgive. He prayed in his plea mitigation that the Judge Advocate considers his client while sentencing him.
He said his client has spent eight months in prison to follow the justice process of the matter, adding that this is something the Judge Advocate should consider for the sake of their efforts, energy and support to the court martial trial. He therefore prayed that the Judge Advocate tempers justice with mercy on his client.
On behalf of the Eleventh Convict and the others, Lawyer I. Bangura from the Sierra Leone Legal Aid Board said he knew the offenses his clients were standing trial for were serious and they carry heavy punishments, but pleaded with the court that his clients have been useful to the Army as they have spent most of their productive lives in the Army. He prayed that the Judge Advocate tempers justice with mercy on them and urged the Judge to caution and discharge them, submitting that all of them are care-givers.
He said their involvement could have been brought about by bad influence or bad advice given to them, but that they have now learnt their lessons, adding that they are first time offenders and have never been in conflict with the law.
On behalf of the Second Accused, Sergeant Ibrahim Bundu Kamara, the Sixth Accused, Corporal Edward Koroma, the Eleventh Accused, Corporal Gbenda Aiah, the Fifteenth Accused, Sergeant Kargbo Momoh and the Twenty-fifth Accused, Sergeant Omar Fayiah Lebbie, Lawyer Charles Isreal Williams stood in locums for Lawyer I. Kamara stating that the accused have served the country for thirty two years or more, adding that they have shown remorse and have cooperated with the court martial.
He furthered that this is the first time they have been in conflict with the law and he prayed that the Judge Advocate gives them minimum sentences.
State Counsel, Joseph Sesay in reply said that there are no antecedents against the convicts, adding that he leaves the judgment to the Judge to determine the matter.
After another one hour deliberation in a special room by the Judge Advocate, President of the Court Martial and the other six Members of the Board, on their return, they handed down a heavy judgment on the twenty four convicts.
The Judge Advocate, Mark Ngegba ended that a date would be announced for the trial of the Eighteenth Accused, Lans Corporal Abubakar Koroma whose trial was separated from the others due to his poor health condition.
THE STATE
VS
The twenty-four convicts include
1.RSLAF 18171601 Staff Sergeant Alhaji Koroma 0f 11 Battalion earlier convicted.
2.RSLAF 18171922 Sergeant Ibrahim Bundu Kamara (Allas Amerikin) 5 Battalion
3.RSLAF 18172996 Staff Sergeant Albert Bassie Conteh -15 Battalion,
4.RSLAF 18174602 Staff Sergeant Abu Dauda -15 Battalion,
5.RSLAF 18172834 Coporal Thalie Marah of 11 Battalion,
6.RSLAF 18177731 Coporal Edward Koroma (Allas Smallie) FRU
7.RSLAF 18169620 Sergeant Mohammed Kamara (Allas Ranger) Cockerill Station
8.RSLAF 18118624 Lans Coporal Eustace Neka – FRU
9.RSLAF 18168075Staff Sergeant Idrissa Kallon 15 Battalion
10.RSLAF 18177860 Coporal John Turay (Allas Koko) 5 Battalion
11.RSLAF 18177201 Coporal Gbenda Aiah – Cockerill Station
12.RSLAF 18178659 Coporal Alie Kamara (Allas Charma Raw) JCU
13.RSLAF 18179779 Lans Coporal Musa Maligie (Allas Jamibo) -15 Battalion
14.RSLAF 1818346 PTE Abdul Razack Kamara -Enginere
15.RSLAF 180507Sergeant Kargbo Momoh -FRU
16.RSLAF 18178201 WO2 Philip Adikalie Turay (Allas Yamao-Kati) AFPC
17.SL909 Leuitinant Coniel Charles James Mishek Yamba -5 Battalion
18.RSLAF 18180173 Lans Coporal Abubakarr Koroma (Allas Opanday) 4Battalion on separate trial
19.RSLAF18167293 WO1 Sitta Dumbuya – AFPC Discharged
20.RSLAF18179330Sergeant Fofanah Kemo -AFTEC
21.RSLAF 18172098 Staff Sergeant Ibrahim Thorlu Bangura (Allas Tiger) 4BDE
22.ESLAF 181177865 WO2 Turay Alpha – JLU/SSS
23.RSLAF 18181863 Coporal Abubakarr Turay – FRU
24.RSLAF18181615 Sergeant Rashid Koroma – AFTC
25.RSLAF 18179346 Sergeant Omar Fayiah Lebbie – 2BDE
26.RSLAF 18181739 Lans Coporal Hassan Sesay – JLU
27.RSLAF 18182409 Lans Coporal Abu Samuel Kamara (Allas Agba) FRU