By Lamin Sesay
Counsel Sigismond Conteh representing the first accused, Amadu Koita Makolo says his client is held in a cell with poor ventilation and sanitary condition.
“My client is placed in a dark cell and is very difficult to access,” he informed the presiding judge, Komba Kamanda. Amadu Koita alongside 11 others is answering to charges of treason brought against him by the state.
His client, he further informed, told him he would come out for 30 minutes only after 23 hours to defecate, wash with water placed in s stool bucket.
He said his client had been deprived of visitation which is an abuse of his fundamental human rights as laid down in section 20 of the Constitution of Sierra Leone, 1991.
Citing section 23(4) of the constitution, the defence attorney argues that his client is presumed innocent until proven guilty. He appealed to the court to improve his client’s detention facility adding that the accused be accorded the same treatment given to others.
Other defence counsels also made similar applications for them to get access to their clients at the correctional facility.
In his response, lead state prosecutor, A. J. M Bockarie said he was not aware of the sanitary condition of Koita’s detention facility.
Having heard from the two sides, Komba Kamanda said he would like to hear from the prison’s side, and the Director-General of Prisons would likely appear in court in the next hearing.
Earlier in court, controversies arose over the representation of the accused persons.
State prosecutor A. J. M Bockarie announced representation of the prosecution team but objected to the defence’s pursuant to a court order dated 10th January, 2024.
The court had issued a warrant against the accused and they had to be identified before the defence announced their representation.
Ady Macauley who is also representing other accused persons argued that the accused had been identified by mentioning their names including the 8th accused, Bai Mahmoud Bangura.
Counsel Pious Sesay also submitted that constitutionally, the accused were arraigned before the court and they were entitled to representation adding that the prosecution wanted to deprive the defence from representing their clients.
“The accused had been announced in court by the court registrar and the procedure used by the state is irrelevant,” Counsel Sesay submitted.
Ruling on the arguments, Justice Kamanda said he was just an umpire and could not tell the prosecution how to conduct their case.
He said it was the normal procedure to observe when a matter was transferred to the high Court under Rule 136.
In that circumstance, lawyer Bockarie led inspector Abu bakar Kargbo attached Criminal Investigation Department (CID) in evidence.
He testified that based on an order given by the court on 10th January 2024, he executed a warrant and arrested the accused persons.
He said Amadu Koita Makolo, Mohamed Jalloh and otherswere arrested for treason, murder and shooting with intent to kill among others.
He said Sergeant 10020 Emmanuel Salifu Kamara was arrested for misprision of treason. Ramatu Kamanda Conteh and Alimatu Hassan Bangura were also roped in for similar offences.
He however told the court that he could not arrest Bai Mahmoud Bangura who was sick and responding to medication at the Police hospital at King Tom in Freetown. Bangura is former Youth Affairs Minister and current Organising Secretary for the main opposition, All People’s Congress.
He said he visited the hospital and was informed by the nurses that he could not see him since his blood pressure had shot up although no medical report was shown to him.
At this point, Counsel Bockarie requested the transfer of Bai Mamoud Bangura from the police hospital to the correctional facility pending his appearance in court.
“Such order should be issued by the court,” he insisted.
He further appealed to the court to fix time and date for the trial to commence arguing that proof of evidence will be served to defence counsel on behalf of their clients.
Counsel Bockarie’s appeal was granted and Bai Mahmoud Bangura would be immediately transferred to the correctional facility to be produced in court later. The matter adjourned to 16th January.