By Janet A. Sesay
One of the defence counsels representing 27 military officers at the court martial has accused the prosecution of spying evidenced already adduced by the court.
Relying on Rule-48 of Armed Forces Rules, Counsel M.M. Tejan says “such act is unfair” as the said rule has been abused.
Judge advocate, Mark Ngegba is presiding over the trial.
The controversial issue came up when Corporal Sheku Marrah was testifying about what he knew on 25th and 26th November, 2023 during the failed coup d’etat.
Counsel Tejan first objected to the continuation of the Witness’s testimony and requested the Judge advocate to quash the testimonies of Major Kainessie and Leutinant Jewel Augustine Koroma and other witnesses who the Prosecution intended to bring to the court to testify.
He said Major Kainessie and Leutinant Jewel in their testimonies, had made certain representationS for which they had been cross-examined.
Such representation, he said, were not corroborated in the case of an evidence beyond reasonable doubt.
He also argued that the additional witnesses were unfairly brought to the court to link the representation of the past witnesses.
“Studying witness’s evidence leads and prepares new witnesses to support the evidence of the previous witnesses which is unfair to the defence,” he reiterated.
In his response to the defence’s claims, state counsel, Joseph Sesay said the defence had failed to show the unfairness of Rule-48.
He submitted that the purpose of Rule-48 is to allow the prosecution to come forward with anything they consider as additional and that the very rules also guarantee the accused’s fair trial.
The prosecution requested the court to quash the submission made by defense counsel.
In his ruling, Judge advocate rejected the defence’s submission saying “there is no law stopping the Prosecution in bringing additional witnesses.”
He therefore ordered that the witness continue his testimony.
Corporal Sheku Marrah attached Quick Reaction Force at Cockerill headquarters said on 25th November, 2023, at 9:pm, he was in a muster parade, and those on duty were put on alert and those not on duty were told to rellax.
He also testified that at about 1am on 26th November, 2023, Lieutnant Jewel Augustine Koroma asked all of them to report at the headquarters joint force command which they did.
He said they were separated into two patrol teams and the one left with Lieutnant Jewel for Mile-13 and they were stationed at the headquarters.
At about 2am, he went on, the joint force commander, Major Alpha informed them there was an attack at Wilberforce and the other patrol teams came and they all boarded the vehicles.
Witness further testified that they left Cockerill using the road to Lumley and headed towards spur loop, and upon reaching the Vice Presidential Lodge, Major Gassama and Lieutnant Jewel told them to disembark from the vehicle and walk to Wilberforce Barracks.
On their arrival at the main gate of Wilberforce Barracks, he went on, their boss commander ordered them to lay down flat on the ground to observe what was going on.
He said, not too long, an unidentified person came out of the gate and fired an RPG weapon at them injuring Major Gassama.
At this point, Witness said, he withdrew with Major Gassama to Bottom Mango at Wilberforce community and one of the soldiers was asked to take him to the hospital.
At that time, he said, there were gunshots all over the place, and they retreated to Wilberforce village, and on their arrival again at the Vice Presidential Lodge, Corporal Neka was making calls on his phone and noticed that one of the soldiers had threatened to shoot at him if he continued to communicate.
Witness also stated that he took the phone from the said corporal.
From that point, they boarded the vehicle again and headed for Cockerill headquarters.
After his testimony, Counsel Bangura of Legal Aid Board deferred his cross examination saying that fresh evidence had been laid against the eighth accused, Coporal Neka and had to confer with him before conducting cross-examination in the interest of fairness and justice.
His application was granted and the next witness, Staff Sergeant Soriba took the stand.
Soriba was deployed at the Quick Reaction Force Cockerill headquarters said his main duty was to issue arms and ammunition to soldiers in his unit and account for them when needed.
He recognised the third accused RSLAF 18172996 Sergeant Albert Bassie Conteh of the Forces Regional Unit at Cockerill headquarters.
He also recognised the fourth accused, RSLAF 181174602 Abu Dauda attached Lungi Garrison as well as the eighth accused, RSLAF 1811624 Lieutnant Corporal Eustace Neka at Cockerill and the nine accused RSLAF 18168075 Staff Sergeant Ibrahim Kallon at Lungi barracks.
He said on 25 November, 2023, he was at Cockerill headquarters and at about 11pm, the Joint-Force Commander, General Alpha arrived and ordered them to follow him at their parade ground.
He said while some of the officers had weapons and some did not.
He said he then thought it was he who should issue arms to those officers who did not have, and he returned to the headquarter and took some magazines having 7.62/39 millimeter cartridges and issued them those who did not have weapons.
He said upon return to the store, he met Corporal Neka, eighth accused sitting down under a Mango tree and asked him if he was not aware of what was happening.
He said he issued him and other four soldiers with weapons and said he did not return to the parade ground but asked the eighth accused and others to be with him on the ground and be vigilant.
Witness also testified that he later saw 2996 Staff Sergeant Conteh, the third accused asking him for weapon, and Abu Dauda was also behind him demanding a weapon but did not give it to him because he did not belong to their unit.
Later, witness said, two metropolitan military personnel went to the headquarters and asked Abu Dauda if he was part of their unit and responded in the negative.
He said they asked him to follow them and he complied.
At this juncture, defence counsels representing the third, fourth, eight and ninth accused asked for a date to cross examine the witness, and the court granted it.
The matter comes up today for cross examination.