By Janet A. Sesay
Justice Komba Kamanda of the Freetown High Court has on Wednesday, 26th June, 2024 thrown out the no case submissions by defence counsels indicating that the matter should be thrown out of court as there is no evidence before the court linking the accused persons with the offences they are standing trial for.
They said that the accused persons have no case to answer in respect of the offence and therefore prayed that the matter be discharged in court.
Delivering his ruling, Justice Kamanda said the accused were arraigned before the court on twenty count charges ranging from treason, misprision of treason, murder, shooting with intent to kill, harbouring and unauthorised wearing of military regalia all contrary to the laws of Sierra Leone.
The indictment he said states that the accused on the 25th and 26th November, 2023 at Freetown conspired together to overthrow the government by unlawful means.
The indictment, he furthered, said the accused on 26th November, 2023 murdered Lieutenant Colonel Wilfred Samai, Obi Isaac Johnson and other military personnel.
Justice Komba Kamanda in delivering his ruling said the defence counsels made their no case submissions on behalf of the 1st accused, Amadu Koita Makalo, 2nd accused, Mohamed Jalloh, 3rd accused, Sergeant 100204 Emmanuel Salifu Kamara, 4th accused, Ramatu Kamanda Conteh, 6th accused, Hassan Leigh, 7th accused, Mohamed Woodie, 8th accused, Bai Mamoud Bangura, 9th accused, Ibrahim Sesay, 10th accused, Tamba Yamba, and 12th accused, Sorie Hassan Kamara indicating that the matter should be discharged as the allegation made against the accused persons were not proven by the prosecution.
He said on behalf of the 5th accused, Alimatu Hassan Bangura, and 11th accused, Kabba Kamara, their counsels informed the court that they would not do a no case submission but their clients will testify before the court.
The learned judge furthered in his ruling that the prosecution called thirty-two witnesses, adding that PW7 in his testimony said on the day of the incident he saw Koita and Leather Boot in Sierra Leone holding guns which in his opinion indicated that they were trying to overthrow the government by unlawful means.
He said PW 12 in his testimony also said that the second accused Mohamed Jalloh in his statement confirmed that he received money from Koita to supply them weapons and this statement he said shows that he conspired with Koita to overthrow the government.
Justice Kamanda furthered that there is evidence showing that Koita sent money to soldiers asking them to join him to overthrow the government by unlawful means.
Justice Komba Kamanda said there is also evidence that shows that the accused persons went to an herbalist to fortify their bodies to execute the coup.
He said the evidence of PW 13, 14 & 18 clearly speak as video evidence were seen capturing some of the accused at the Pademba Road Prison.
Justice Komba Kamanda said military personnel were brutally killed and Dr. Simeon Owizz Koroma in his reports said all the soldiers died as a result of gunshots.
He said the reports also indicated that the deceased were all healthy and would not have died if they were not shot.
Justice Komba Kamanda said PW 30 tendered pictures of post mortem examinations done on the deceased by the government pathologist.
He continued that video clips were tendered in court where Koita was seen holding a gun, wearing a blue T-shirt, jean trousers and tennis shoes.
He said the no case submission made by defence counsels on behalf of Koita and Mohamed Jalloh that they had no case to answer is thrown out, adding that the matter touching and concerning them should continue.
On behalf of the 3rd accused, Emmanuel Salifu Kamara, Justice Komba Kamanda said he was charged with the offence of misprision of treason and the prosecution indicated that he was in constant touch with Yapo Sesay one of the assailants during the incident.
He said the submission made by defence counsel Ady Macaulay said that both the accused and Yapo Sesay are colleagues working for former President Ernest Bai Koroma.
Justice Komba Kamanda said that is not a sufficient reason given by defence counsel for the matter not to continue.
He said there is sufficient evidence led by the prosecution against the accused and the matter should proceed.
On behalf of the 4th accused, Ramatu Kamanda Conteh, Justice Komba Kamanda said defence counsel Emmanuel Teddy Koroma in his submission said his client only sent messages to the first accused, Koita, twice but there was no response from him.
The learned judge added that the Prosecution said the accused was charged with the offence of misprision of treason which means that she has knowledge about the coup but failed to inform authorities.
Justice Komba Kamanda said the 4th accused knew that Koita was a fugitive and was wanted by the police and yet she tried communicating with him, adding that this amounted to her having knowledge of what was happening.
He therefore threw out the submission of the defence counsel and said that the matter should proceed.
On behalf of the 6th accused, Hassan Leigh, the prosecution he said relied on the confessional statement he made to the police about having knowledge of the coup but failed to inform authorities.
Justice Kamanda said the prosecution has led sufficient evidence against the accused and his matter should also proceed.
On behalf of the seventh accused, Mohamed Woodie, the judge stated that in his statement he told the police that on the said day he travelled from Waterloo to Freetown and went to his girlfriend’s at Murray town barracks.
The learned judge said that the accused refused to show the officers the residence of his girlfriend.
The learned judge added that there is evidence before the court that the accused was seen in military uniform as he was an ex officer and the cyber officer testified that there were messages between him and Koita to overthrow the government, which is conspiracy.
On behalf of Bai Mamoud Bangura the judge stated that defence counsel Africanus Sesay submitted that there is no evidence proven by the prosecution showing that his client harboured and conspired with the other accused to commit treason.
The learned judge said the prosecution stated that the second accused, Mohamed Jalloh, was residing at the premises of the eighth accused, Bai Mamoud Bangura, before executing their plans and returned again to the house after executing said plans.
He added that Bai Mamoud Bangura when arrested at his house confirmed that he knew the second accused, Mohamed Jalloh, as a military officer and was residing at his residence.
He said there is sufficient evidence led by the prosecution against him and the matter should continue.
On behalf of the 9th accused, Ibrahim Sesay, the learned judge said that he is the Chief Security Officer attached to former President Ernest Bai Koroma and is standing trial before the court for misprision of treason and harbouring.
He added that the accused very well knew that Ibrahim Tullah Bangura’s name was being put as a fugitive and after running for several days he went back to his duty post to work but the accused failed to inform the authorities.
He said this is conspiracy and the evidence led by the prosecution against the accused is sufficient.
He therefore ruled that the no case submission made by defence counsel on his behalf is dismissed and the matter should proceed.
On behalf of the 10th accused, the learned judge said, PW 30, the cyber expert, in the CCTV footage showed him, Kabba Kamara, eleventh accused and Abdul Sorie Hassan Kamara, the twelfth accused holding rifles at the prison gate which led to the death of prison officer Obi Isaac Johnson.
He ended that the prosecution has proven sufficient evidence against the accused persons.
He therefore dismissed the no case submissions of defence counsels and ordered that the matter should proceed.
The accused were put to their elections for the defence team to open their case. Koita in his election said he wish to testify before the court and would like to call three witnesses to testify for him.
Mohamed Jalloh also said he will testify on oath and called two witnesses, and Emmanuel Salifu Kamara also said he would testify on oath but did not have witnesses.
Ramatu Kamanda Conteh also said she will testify before the court on oath and would call two witnesses on her behalf while Alimatu Hassan Bangura also said she will testify on oath and called two witnesses.
Hassan Leigh also said he will testify on oath and called two witnesses likewise Mohamed Woodie.
Bai Mamoud Bangura said he will testify on oath and called one witness and Ibrahim Sesay also said he would testify on oath and called one witness. The tenth accused, Tamba Yamba, said he would testify on oath and would call one witness while Kabba Kamara said he would testify on oath and called two witnesses. Lastly, Abdul Sorie Hassan Kamara also said he would testify on oath and called one witness.
The matter comes up on Monday, 1st July, 2024.