By Janet A. Sesay
Seven military personnel who have been identified as: Major Bai Sesay, Staff Sergeant Joseph Conteh, Sergeant Alimamy Alhaji Conteh, Corporal Alpha Wurie, Lieutenant Corporal Ibrahim Kuyateh, Lieutenant Corporal Lahai Kemoh and Sergeant Baimba Bangura are presently awaiting judgement by the President and six members of the Board of the Court Martial after listening to the closing submissions by both prosecution and defence counsels for various offences their clients are alleged to have committed during the November 26 failed coup.
Making his closing submission, Lawyer Joseph A.K. Sesay representing the State said the accused were arraigned before the court for offences ranging from committing civil offence, mutiny, failure to suppress mutiny, communicating with the enemy, conduct of the prejudice of military amongst others.
He said the indictment states that the accused persons on the 21st November and on the 26th November. 2023 in Freetown conspired together with other person’s unknown to take part in a mutiny involving the use of Violence to overthrow the Government of Sierra Leone.
Lawyer Sesay furthered that all the accused persons confirmed before the court that they are members of the RSLAF and they showed the various times they were enlisted in the force. He said, as serving members of the RSLAF they can collectively stand trial for mutiny.
He said the first accused Major Bai Sesay in his testimony wants the court to believe that he was not on duty when Koita requested for weapon and did not tell the court why Koita needed those guns.
Lawyer Sesay furthered that Koita needed the guns to attack, Wilberforce Barracks, the Joint Logistics Unit (JLU) at Murray town, the Correctional facilities and the Army headquarters at Cockrill North.
He said the third accused Sergeant Alimamy Alhaji Conteh in his statement made to the military police explain the plans he had with the assilants after visiting Murray town barrack.
He said the second accused, Staff Sergeant Joseph Conteh in his testimony said he was captured by the assailants and he only wants to obey directions of the assailants to save his life.
Addressing the fourth accused Corporal Alpha Wurie Conteh he said the fourth accused in his testimony said he left his weapon at his deployment at Wellington and went to Hill Cut but on his way he was arrested randomly by the assailants but was not part of the operation.
He said the fourth accused also in his statement was flip flopping his answers where at first he said moving from Wellington to Hill Cut he used motorcycles but later change saying that he walked on foot but was later found among colleagues of conspirators.
Addressing the third accused again Sergeant Alimamy Alhaji Conteh, Lawyer Sesay said he left his duty post without permission and went to Lungi on Saturday, 25 November and was there to 26 November 2023. He said the fourth accused said he went to accompany his son who was traveling to Dubai and later visited his mother who stays in that vicinity.
He said the third accused, Sergeant Alimamy Alhaji Conteh was deployed at the Joint Logistics Unit (JLU) Murray town but left his post and went to Lungi when he received a call from someone in Freetown about a disturbance and that was when he used a speed boat to return to his unit at JLU. He said the third accused knew that JLU would be attacked that is why he left and went to Lungi without permission. He therefore said that such evidence is left for the President and Board members to decide. He said the third accused did not tell the court when he arrived in Freetown but only stated that he used speed boat to travel to Freetown, adding that he did not tell anyone what he was doing at Lungi until his arrest.
Lawyer Sesay furthered that the third accused did not tell the court whether he was on the side of the enemy or the State but he was arrested with a rifle. He said the third accused also denied his involvement in the operation but he was part of the attackers and was seen at pike street with the others attackers holding a rifle, adding that by his conduct he participated in the act.
Lawyer Joseph Sesay furthered that the fourth accused, Corporal Alpha Wurie Conteh was seen in CCTV footage as part of the team that arrived at Pademba Road.
He said the CCTV footage was played and Inspector Jusu testified and identified the fourth accused at the Pademba Road prison amongst the enemies.
In the case of the fifth accused Leuiteinant Colonel Ibrahim Kuyateh, Lawyer Sesay said he explained how he was kidnapped by the enemy and he was given a rifle and took instructions from the enemies to protect his life. He said when he was challenge with his statements what he was doing with RPG weapons at Pademba Road he did not say anything.
Lawyer Sesay furthered that Lieutenant Colonel Sandi was also arrested by the assailants but he escaped and that was confirmed by both fourth and fifth accused persons as they were also with the assailants, adding that both the fourth and fifth accused demonstrated willingness to be with the enemies.
Lawyer Sesay submitted that the sixth accused, Lieutenant Colonel Lahai Kemoh was positively identified by one of the prosecution witness, Major Gassama who, he said, has teacher-student relationship with and the sixth accused confirmed knowing Major Gassama.
He said the sixth accused denied not being with the enemy, but Major Gassama in his testimony, said on that day both of them were at their deployment and when he entered his office the sixth accused blasted an RPG weapons in front of his office and he managed to escape. He said this act of the sixth accused shows his involvement in the coup.
He further that after which the sixth accused left the country for Liberia and later returns because the sudden list of wanted persons were out and because his name was not among he decided to return and was later arrested. He said the blasted RPG on Major Gassama amount to mutiny.
Addressing the board members in the case of the seven accused Sergeant Baimba Bangura, Lawyer Sesay said he was charged with the offense of failure to suppress mutiny, adding that he knew that Koita wanted to overthrow the government but he refused to explain it to authorities.
In further submission, lawyer Sesay display Whatsapp number of the first accused Major Bai Sesay which he confirmed to be his number, adding that the said number was also found in Koita’s phone. He further displayed before the court showing that the first accused made a call to Koita on 22nd November which was not answer.
It was also display on the screen that on the 25 November, 2023 he got a call from Koita making enquiry about what was happening and later Koita called him requesting for weapons.
Lawyer Sesay further displayed a group call log taken from the phone of the first accused involving Koita, Dauda and the first accused Major Bai Sesay on the 22 November but did not know the reason of the group call. He said the first accused did not choose to protect the state but choose to be on the other side of the enemy. He said the participation of all the accused on November 26 is dishonor as they choose to be friends with the enemies than protecting the state.
He said the state has proven the case against all accused person and pray that the board members returns a verdict of guilty on the accused persons. He said all the accused persons are guilty of the offenses they were arraigned before the court for.
Defence Counsel, I. Bangura for the first to the seventh accused saved the sixth accused in his submission confirmed that indeed there was an attack on the 26 November 2023, but that the onus of proving a case against the accused persons lies on the prosecution. Lawyer Bangura said the prosecution failed to prove before the court that the accused were captured by the enemies.
He said the President and Board members should not take the evidence of the prosecution to judge the matter and he implored them to have good conscience as they are their military personnel.
Defence Counsel Bangura further in his submission noted that the prosecution also failed to bring the recordings of the seventh accused whiles making statements to the investigators explaining what happened between him and Sergeant Kallon on that day. He said what transpires between them was not known by anybody and Sergeant Kallon was never brought before the court to testify and pleaded with the Board members to look into that aspect. He noted Lieutenant Colonel Sandi’s name was mentioned throughout the investigation but was never brought before the court.
Counsel Bangura furthered in his submission that the Commander of the second accused was not brought before the court to confirm whether he was summoned by him. He said the accused persons were not captured at one go by the assailants but they were captured at different roots. He said when they were captured they would not have escape if not their lives would have been in danger of the enemies.
He said the prosecution in their address give provisions of the Arm Forces Act of what is required to do base on the offences charge and the accused persons work towards some of these act to protect their lives. He said the prosecution failed to show the offense committed by each and every accused person and they failed to prove the offences they were arraigned before the court with.
He said the first accused got a call from Koita requesting for weapons but he did not treat him seriously because Koita was not within the jurisdiction.
Lawyer Bangura argued that the first accused denied the request made by Koita and there is no evidence to show that arms and ammunition were missing in his unit.
Lawyer Bangura in his submission furthered that the second accused went to Waterloo to visit his family and there he fell in the wrong hands of the assailants and was captured and so he behaved himself in a way and manner of military regimentation.
Lawyer Bangura maintained that the prosecution did not bring factual witnesses to testify that the second accused was involved in the act of mutiny but they attempted to persecute the image of the second accused by identifying another person in the CCTV footage rather than the second accused person. He said the image the prosecution displayed on the screen was different from the second accused and it was a deliberate attempt to deceive the court. Lawyer Bangura submitted that the Board members should resist such evidence.
In further submission Lawyer Bangura said the third accused went to see off his son at the airport and no witness brought by the prosecution showed his involvement in the participation. He said his son was traveling to Dubai and his mother was living in that area and was intended to visit her after leaving the son. He said no puncture proof was shown to the court that the third accused was not captured and the men who captured him threatening him to take his life.
He said the fourth accused was on his way to his unit at Murray town when captured by the assailants and they also threatened to take his life. He said the fifth accused was captured at Cockeril headquarters and he testified before the court that he was coming from the Mosque when he heard a bomb blast and was also captured by the assailants.
He said the story of the seventh accused was clear, adding that he has no business in the court.
He further submitted that the first to seventh accused save the sixth should be acquitted and discharged as the prosecution has failed to prove before the court the evidence levied against them.
Chernor Kamara in his submission on behalf of the sixth accused, Lieutenant Colonel Lahai Kemoh said his client was charged with various offences of mutiny. He said his client had pleaded not guilty to all charges levied against him. He said the prosecution bear the burden to prove their case beyond reasonable doubt.
He said Sergeant Kargbo took statements from the sixth accused person where he said he left the country because his life was under threat. He also said in his statements that on the 26th November he was not at the 5th Battalion but he was with his girlfriend. He said he left the shores of Freetown because his life was under threat and was unable to return because he never has a pass and the security was heavy at the border.
After raising lots of loopholes in the evidence of the prosecution, he asked the President and Board members to pass a verdict of not guilty on the sixth accused. The matter was adjourned for summing up and handing down of judgment.