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Sunday, October 6, 2024

Court Martial Hearing… Journalists Asked Out Of Court

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By Janet A Sesay

Last Friday, Journalists and court attendees witnessing the trial of 27 military officers, were asked out of the court following a request by the state prosecutor, Joseph Sesay.

The order to leave the court was issued by Judge Advocate Mark Ngegba  when the second witness, Captain Sheku Tunkara took the stand. The witness testimony, according to the state counsel, had dangerous security implications on the state.

“We would like to have a close-door session with the witness since the evidence touched on the security of the state,” Counsel Sesay informed the court.

He made his application pursuant to section 91(1)(2) of the Arm Forces of the republic of Sierra Leone Act of 1961, and defence Counsel representing the accused did not object to the application.

Earlier on, Judge advocate, Mark Ngegba and the board president reminded the first accused, RSLAF 181760 Staff Sergeant Alhaji Koroma who pleaded guilty to some of the charges few days ago that he would face the full force of the law by serving life imprisonment.

Responding, the defence team however told the court that they had nothing to say in the Accused’s guilty plea.

 Director of Public prosecution, I. Kanu said the prosecution accepted the guilty plea by the second accused and called on the judge to sentence the first accused.

In response, the judge however told the court that the accused did not plead guilty to all charges, and trial for the other offences must continue.

While addressing the court, Director of Public prosecution reminded the court that the twenty-seven accused were arraigned for conspiracy, mutiny and other offences allegedly committed on 26th November, last year. The prosecution, he said, was determined to offer an “undeniable proof” to the court.

“This event did not just happen, it was planned and they started it from Kambia, Lungi, Makeni to Freetown where they entered the armoury and stole weapons,” he recounted.

He said many of the accused were given charms in Makeni to protect them in executing the coup adding that some of the accused knew about the treason but did not report to the authorities.

“The Prosecution will adduce sufficient evidence against the accused,” he assures the court adding that the onus lies on them.

One of the defence counsels, Ady Macaulay also addressed the court on behalf of the accused save the 1st, 4th and 17th accused.

In the early hours of 26th November, 2023, he said, residents in Freetown woke up to terrible sounds of gun firing and naturally people were afraid for their safety as several soldiers succumbed to the barrel of the gun.

He reminded members of the panel that they had taken oath to preside the matter and urged them to leave their emotions out of the courtroom.

“Members of the panel are in court to determine whether the twenty-seven serving members of the force are guilty of the offence levied against them,” he emphasised.

Ady Macaulay further appealed to the court for the pictures not be taken on face value as one picture could have different value depends on how they were look at it.

He said the accused would be called to give evidence as to what is detected in social value.

The Director of Public Prosecution, he said, was right as in each offence, they must prove that the accused were guilty beyond reasonable doubt.

 “In the process of looking at the evidence, if they have doubt, it must be exercised on behalf of the accused,” he emphasised adding that the offences are very serious and the accused are men of honor, integrity and purpose as they have taken military and legal oath.

One of the defence counsels, also similarly addressed the court.

In his opening statement, Counsel Julian Cold said he was concerned about the welfare of citizens and the state.

“The collective destiny and future of this country was threatened by the incident of November 26 2023,” he recounted adding that weapons were looked out for.

The process, he said, was an act of protecting the state’s existence.

The 17 accused, he went on, had served the arm forces of this country since 1999 and they still had a good name in the force.

He said the panel would see as the trial unfold that the 17 accused did not,  in any way, be part of mutiny and they did everything that was legal and within their mandate to keep the state safe.

After given their opening statements, the first prosecution witness, Lieutnant Bocakrie Marrah was led by one of the state counsels.

In his testimony, Lieutnant Marrah told the court that he lived at the Wilberforce Barrack and attached Armed Forces Personnel Centre at Cockerill.

 As a commanding officer, he went on, he was in charge of keeping records of officers, and also recognised the accused.

While in the witness stand, the witness was shown  printed documents which he identified adding that they were in his custody and wished to tender them in evidence.

They were tendered and marked as exhibit A 1- 31. “Page one of the document had two pages of data captured of the 27 accused persons to commit mutiny,” he informed the court.

He said the said Exhibit also had records of the accused when they were enlisted in the RSLAF their names,  units and force numbers. He went on to state that he had identification of all the accused in the said document

 The witness was not cross-examined by any of the defence lawyers, and there was also no question from the board members.

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