By Janet A. Sesay
Judge Advocate Mark Ngegba, President of the Court Martial Board, Colonel Samuel George and five other members of the Board have acquitted and discharged Sergeant Baimba Bangura having not found him guilty of all six count charges he was arraigned for before the Court Martial.
However, Major Bai Sesay, Staff Sergeant Joseph Conteh, Sergeant Alimamy Alhaji Conteh, Corporal Alpha Wurie Conteh, Lans-Corporal Ibrahim Kuyateh and Lans-Corporal Lahai Kemoh were all convicted and sentenced to a maximum prison term of 130 years and the minimum of 18 months.
The convicts, all serving personnel of the Republic of Sierra Leone Armed Forces (RSLAF) were found guilty on various offences including: committing civil offence, mutiny, failure to suppress mutiny, communicating with the enemy, conducts to prejudice military discipline and desertion.
Before the final verdict, the Judge Advocate in his summation address to the President and Board members highlighted that the accused were arraigned before the court martial on ten count charges ranging from committing a civil offence, mutiny, failure to suppress mutiny, communicating with the enemy, conducts to the prejudice military discipline and desertion.
He explained that the Prosecution, in pursuance of the case called twenty (20) witnesses in support of their case including the Cyber Officer, Inspector Mohamed Jusu who testified that the mobile phones of the convicts were handed over to him for cyber analysis.
The Judge Advocate said Inspector Jusu tendered a flash drive which contained video CCTV footages, text messages and audio messages which he extracted from the mobile phones of the convicts, and that prosecution witnesses were cross-examined by Defense Counsels representing the convicts.
Furthermore, the Judge highlighted how the first accused, Major Bai Sesay in his defense testified that before the day of the incident, one Niakeh met him and told him that one Staff Sergeant Abu Dauda has instructed him to take possession of the keys to the arm store, that they needed weapons.
The Judge went on that Major Bai Sesay in his defense furthered that Koita also called him on 25th November, 2023 requesting for weapons and he initially responded positively to the request, but that he later deceived him.
The Judge Advocate furthered that Major Bai Sesay during cross- examination said when Koita requested for the weapons, he did not report that to the Commanding Officer of his Unit and he also admitted before the court that he spoke with Koita twice.
On the second accused, Sergeant Alhaji Conteh, the Judge Advocate highlighted that in his defense, he told the court how he has served the military for 33 years and that on the day of the incursion, he went to accompany his son at the Lungi Airport following which he decided to visit his mother; and that he received a call later about what was happening in Freetown and he used a local boat to cross over to Freetown in an attempt to reach his Deployment Unit; but that upon arrival in Freetown, he was captured by the assailants while on his way to his Deployment Unit and was driven in a vehicle to Pademba Road prison where he managed to escape in a civilian outfit.
The Judge Advocate said as for the third accused, Staff Sergeant Joseph Conteh, he said in his defense that he has served the military for 23 years and on that on that day of the incident, he was preparing to go to church when he received a call from his boss to report at his unit and whiles on his way he was arrested by the assailants, but he later escaped and went to hide in an unfinished house. He highlighted further that the third accused explained how on the following day he was arrested and he made statements to the military police.
Regarding the third accused, Lans-Corporal Ibrahim Kuyateh, the Judge narrated that in his defense, he said he has also served the army for 23 years and that on the day of the incident, he was on duty, attached at the main gate of the Cockeril Military Headquarters, from where he said he heard gunshots, but that he went to the Mosque to pray, but that the gunshots continued throughout his prayer and that as he was leaving the Mosque, he felt someone had pointed a gun at his back. The Judge explained that Lans-Corporal Kuyated said he pleaded with the person holding the gun to his back to spare his life, and he was arrested and placed in a vehicle that headed to the Murray Town Barracks where he disarmed. The Judge went on to highlight Lan-Corporal Kuyate’s defense to the court that from the Murray Town Barracks, they were driven to the Pademba Road prison and from there they headed for Jui where he managed to escape and returned to his unit and made a report, but that he was later arrested and he made statements to the military police.
As for the sixth accused, Sergeant Baimba Bangura, the Judge narrated that he said his defense that the military police did not read his statement to him and he actually did not take part in anything regarding the incident of the day in question.
That for Lans-Corporal Lahai Kemoh, he said in his defense that he had been dismissed from the army and was not receiving salary. He told the court that on the day of the incident, he was at his girlfriend’s place when he received a call from someone and was threatening to kill him, and that because of that threat, he fled to Liberia for his safety but later returned because his name was not on the wanted list published by the police. He said he was however arrested and he made statements to the military police.
The Judge Advocate went on to read out the voluntary caution statements of all the convicts made to the military police, highlighting Lans-Corporal Lahai Kemoh’s statement in which he stated, among other statements, that he was present at the Murray Town Junction when the assailants forced Lieutenant-Colonel Sandi to make a certain call.
After his summation of the statements of the convicts he spoke on the law. The Judge Advocate maintained that in law there was an alibi missed especially with the evidence of the sixth accused who had said in his defense that he was not present at the scene of the crime.
He however stated that it is not for the accused to prove, but it was the duty of the prosecution to prove that aspect for the Board members to decide.
On circumstantial evidence, the Judge noted that it could be referred to as proximity and it details about the person that is or was closest to the act or acts of conspiracy.
Following his clarifications on matters of law, he retired the Board to deliberate and return with their verdict.
The President of the Board, Colonel Samuel George in his verdict found the first accused, Major Bai Sesay guilty on all seven count charges of committing civil offence, mutiny, failure to suppress mutiny and communicating with the enemy; the second accused, Staff-Sergeant Joseph Conteh guilty on one count charge of conduct to the prejudice of military discipline and not guilty on the offenses of committing civil offence, mutiny and failure to suppress mutiny.
The third accused, Sergeant Alimamy Alhaji Conteh was found guilty of the offenses of committing civil offence, mutiny, failure to suppress mutiny and conduct to the prejudice of military discipline; while the fourth accused, Lans-Corporal Alpha Wurie Conteh was found guilty of the offense of committing civil offence, mutiny, failure to suppress mutiny and conduct to the prejudice of military discipline.
The fifth accused, Lans-Corporal Ibrahim Kuyateh was found guilty on the offense of committing civil offence, mutiny, failure to suppress mutiny and conduct to the prejudice of military discipline and the sixth accused, Lans-Corporal Lahai Kemoh was found guilty of the offense of mutiny, failure to suppress mutiny, conduct to the prejudice of military discipline and desertion, and the seventh accused, Sergeant Baimba Bangura was acquitted and discharged of all the charges of committing civil offence, mutiny, failure to suppress mutiny and conduct to the prejudice of military discipline.
Following the pronouncement by the Court Martial President on behalf of the Court Martial Board, Defense Counsel Ibrahim Bangura in his plea mitigation on behalf of the first to fifth accused pleaded with the Judge Advocate to tamper justice with mercy on his clients, adding that they are family members and had never been in conflict with the law.
He prayed that the learned Judge Advocate does not impose custodian sentence on his clients, but to acquit and discharge them.
Lawyer Chernor Kamara representing the sixth accused pleaded with the Judge Advocate to tamper justice with mercy on his clients. He said his client is also a family man and has served the military diligently without any problem. He prayed that the Judge Advocate considers his client as a family man with five children.
The sixth convict in his allocutus pleaded with the Judge Advocate to tamper justice with mercy on them.
State Counsel, Joseph A.K. Sesay in reply noted that the sixth convict in his allocutus did not show any remorse before the court on the charges levied against him. He therefore prayed that the Judge Advocate uses his good conscience to pen down judgment on him.
The Judge Advocate and Board members retire again to their chambers to deliberate on the various plea mitigations and allocutus.
On their return, the learned Judge Advocate, Mark Ngegba sentenced the sixth accused, Lans Corporal Kemoh to 130 years imprisonment, Major Bai Sesay to 125 years imprisonment, Staff-Sergeant Joseph Conteh to 18 months imprisonment, Sergeant Alimamy Alhaji Conteh to 120 year imprisonment, Lans-Corporal Alpha Wurie Conteh to 125 years imprisonment and Lans-Corporal Ibrahim Kuyateh to 120 years imprisonment.
After the sentencing the President of the Board, Colonel Samuel George declared the court martial closed.