By Janet A. Sesay
The defence team representing Alfred Paolo Conteh has closed its case yesterday after a protracted cross-examination of the accused and the testimony of a lone witness, Sidi Yayah Tunis.
Paolo Conteh is the former Minister of Internal Affairs and Sidi Yayah Tunis is the Acting Spokesman of the main opposition and former Minister of Tourism and Culture.
Mr Conteh is answering to a charge of treason, the highest offence known to the criminal law as well as other related offences.
The accused, last Friday, rendered an emotional testimony of what transpired between him and the Presidential guards at State House while on his way to attend a meeting with His Excellency in March, this year.
One of the prosecutors, Adrian Fisher applied for a convenient date to conduct cross-examination in respect of the accused’s testimony during that Friday.
The accused is represented by Dr Abdulai Osman Conteh and team while the Attorney-General, Dr Priscillia Swartz and other government lawyers prosecute on behalf of the state.
Justice Momoh Jah Stevens of the High Court of Sierra Leone presides over the matter assisted by a group of 12 jurors.
During cross-examination, the accused said all what he told the court, during his testimony, was the absolute truth.
Mr Paolo Conteh also told the court that the statements he made to the police were true except the date he licensed Glock-17 pistol which, he said, he missed.
The accused also confirmed that he was in possession of the arm and ammunition on that day and that the ammunition he had were for the Glock-17 pistol.
In his Cross examination, Counsel Andrian Fisher attempted to go into the personal life of the accused, Paolo Conteh but was stopped by the Presiding Judge owing to an objection by Dr Conteh, the lead defence counsel.
Professionalism was the basis on which Counsel Conteh objected to the prosecutor’s attempt.
“It is not professional for the prosecutor to impugn the credibility of the accused,” Counsel Conteh objected.
Another objection was also raised in respect of a question that revolved around the appearance of Paolo Conteh before the commission of Inquiry (COI) and the pending government ‘White Paper.’
In response to the question, the accused told the jurors that he was at the COI to defend himself since he diligently served as head of Ebola Response Centre and won international recognition.
Fisher’s effort to delve into issues of the COI White Paper was also objected to by one of the defence counsels, Joseph Fitzgerald Kamara.
Counsel Kamara objected on the grounds that the prosecutor should confine his cross-examination on the testimony rendered by the accused.
The Learned Judge, Justice Stevens upheld the two objections from the defence team and the case to proceed.
He advised the prosecutor to cross-examine the witness on the evidence in respect of a matter heard in court.
“It is a case of treason that is before the court and that is what should be dealt with,” he said.
In his responses to further cross-examination, the accused told the court that he was a gallant man who waged war on cliques.
The accused further testified that he always had his weapon with him and on that day he voluntarily handed it over to the security personnel at State House.
The weapon, the accused said, was for his personal safety and that driving from his residence at Wilberforce to State House was risky.
When he was asked by Counsel Fisher as to whether he was subjected to threat after the 2018 elections, he answered that he was never subjected to any threat when he left office in 2018.
Testing his defence further by the state prosecutor, the accused said he did not feel insecure at State house but moving from his house to State House was risky.
The accused although he admitted going with the pistol to State House, he denied being in possession with it to meet the President.
“I dropped the pistol at the reception desk before going upstairs,” he said.
When asked by Counsel Fisher whether he (Paolo Conteh) was aware of any law prohibiting carrying a weapon to State House, the accused answered that he knew no such law.
“I know the security strength at State House and I will not do such a thing [assassinate the President] with a Glock- 17 pistol,” he said.
When questioned about the year he was enlisted into the army, the accused replied that he joined the army in 1976 and left in 1992 when his uncle, former President Joseph Saidu Momoh was overthrown.
The accused was also asked about who overthrew his uncle, he answered that he saw the list of names on a newspaper, Captain Valentine Strasser and Lieutenant Julius Maada Bio and others.
When it was enquired as to whether owing to the 1992 overthrow that prompted him to take the weapon to State House, the accused answered in the negative
The accused also told the court during cross examination that in his first meeting with the President he made it clear that if it was not for Covid-19, he would not have been in the same room with the president discussing.
At the close end of the cross-examination, the accused told the court that Glock-17 pistol was brought by his friend and Glock-21 was given to him by his nephew in 2017.
After cross-examination of the accused, Sidi Yayah Tunis took the witness stand to testify on behalf of the accused, Paolo Conteh.
Mr Tunis recognised the accused and recalled 16th March, this year.
On that day, witness said, he received a phone call from the accused informing him about a meeting with the president at State House, but the call came in late and so he did not attend the meeting on that day.
Witness continued that the accused told him he attended a meeting on 17th March, this year at the Ministry of Health and Sanitation Youyi Building on the preparedness of the COVID-19 pandemic.
Witness also testified that on 19th March, he went to State House with Mr Steven Ngauja and they were directed to the office of the Chief Protocol to wait.
They were at the office, Mr Tunis said, when the accused, Paolo Conteh arrived.
“He was not holding any bag in his hands and he sat on a different crouch chatting with them,” he said.
The witness told the court that after an hour, Lt Colonel Kposowa entered the room with a team of police officers headed by Superintendent Mohammed Kuba Allieu.
Col. Kposowa, witness went on, called the accused, Paolo Conteh and enquired about the bag and the accused responded that he was the owner.
Witness also testified that the accused told Supt. MK Allieu that he had personal weapon in it and that he handed it over to the security personnel at the reception desk for safe keeping before coming upstairs.
Witness also explained that Lt. Col. Kposowa took out the pistol and handed it over to another officer who counted the rounds and discovered that they were ten.
Col Kposowa further questioned the accused as to whether he had licence for the weapon and the accused showed his license and handed it over to Supt MK Allieu who confirmed that the license was valid.
Witness said Col. Kposowa advised them not to say such thing on social media as they are going to handle the matter professionally.
Furthering his testimony, the defence witness told the court that Col. Kposowa pronounced the rest of them to continue the meeting while the first accused was taken for interrogation.
The witness also testified that the meeting was held very late on that day and on his way home, he informed the accused on the outcome and raised concern at the meeting.
Mr Tunis said the accused responded that at any time he had the opportunity to speak with the President, he would tell him that he would step aside from the Covid-19 fight because he did not want to let down the President and the people of Sierra Leone.
In a cross examination by state Prosecutor, Adrian Fisher, witness stated that he was upstairs in the waiting room when the first accused entered and did not know what transpired between the accused and the officers downstairs.
Mr Tunis further told the court that at the main gate of State House, they were stopped and their vehicle was searched and they proceeded into the building at the first floor where he was told to place his book and pen at the scanner and he passed through the metal detector and was directed upstairs.
After the testimony of Mr Tunis, the prosecution and the defence agreed to do the Locus in Quo (the visit of State House) today.