By Janet A. Sesay
The lead state counsel in the on-going treason trial against Koita and eleven others, Oladipo Vivian Robin Mason, in his closing address to the jurors said the Overt Act offence charge against Amadu Koita Makalo shows evidence that Koita in a CCTV footage played by Inspector Mohamed Jusu was seen holding an AK 47 rifle at the entrance to the Pademba Road Prison.
He said Koita in his testimony before the court admitted that he travelled from England to Sierra Leone to seek traditional healing from Pa Sesay at Makeni and there he met with the other assailants and took photos with them.
He further addressed the jurors that during the testimonies of different witnesses they stated that Koita was the one who ordered for the keys to the ammunitions store at Wilberforce and Cockerill headquarters.
He made these statements on Thursday, 18 July, 2024, whiles addressing the jurors in his closing address on the matter. In his closing address to the jurors counsel Robin Mason submitted that the jurors are judges of fact. He started his submission with Koita, where he said Koita travelled from England to Sierra Leone on 22nd November, 2024, adding that he passed through Guinea and arrived in Kambia, and was received by the other assailants including Captain Jalloh, Staff Sergeant Alhaji Koroma, Leather Boot and Inspector Moriba Mansaray.
He said Koita and the assailants travelled to a village at the premises of an herbalist called Pa Sesay for fortification of their bodies against bullets in furtherance of their motives. Lawyer Mason further addressed the jurors that one of the assailants, Staff Sergeant Alhaji Koroma, was in charge of the arms and ammunitions store at Kambia and Soriba Mansaray and Idrissa Kamara, alias Leather Boot, was former security guards to President Ernest Bai Koroma.
He further submitted before the jurors that Koita’s evidence in his statement gave his reasons for going to Pa Sesay and he told the court that he and the others left Pa Sesay’s house on 25th November, 2023, and they passed through Lungi and boarded the last ferry to Freetown. He said at that time, Koita and the assailants had earlier collected 80 live round magazines and 480 ammunitions from Staff Sergeant Alhaji Koroma in Kambia.
Addressing the jurors further counsel Mason said in the early hours of November 26, 2023, Koita and his assailants attacked Wilberforce Barracks and broke into the arms store and took ammunitions in addition to the rifles they had taken from Staff Sergeant Alhaji Koroma at Kambia district.
The learned lawyer further addressed the jurors that at Wilberforce there was open firing, as security guards were disarmed while on duty and there was launching of RPGs leading to the death of people and others injured. The state counsel furthered that Koita and his team of assailant moved from Wilberforce Barracks to Cockerill headquarters and there they killed two military officers, Chernor Sulaiman Bah and Conteh, and there was continuous firing and launching of RPGs.
He further submitted that the assailants kidnapped Lieutenant Colonel (Col.) Sandi and they moved to Murray Town Barracks but while on their way at Wilkinson Road, Congo Cross and Murray town junction, the assailants blasted an RPG bomb which led to the killing of Wilfred Samai, who was the head of operations at Cockerill headquarters, adding that Major Alpha was also injured.
He further submitted before the court that Koita and team of assailants moved to the correctional facility at Pademba Road and also at Jomo Kenyatta Road and they unlawfully released inmates and there the assailants killed Obi Isaac Johnson, a correctional officer.
He further submitted that the assailants were captured in the CCTV footage at the Pademba Road prison and they were armed with RPGs. He further addressed the jurors that the prosecution have laid in the indictment the Overt Act, which are things done by accused Koita and it is left with the jurors as they are judges of fact. He furthered that the prosecution relied on the evidence of Ibrahim Sidom Deen, Foday Massaquoi, Major Musa Gassama and Major General Dauda Alpha whose testimonies before the court corroborated against accused Koita.
He further submitted that the prosecution also relied on Koita’s evidence in his testimony where he explained what transpired at Wilberforce on 26 November, 2023. He continued that the evidence of PW 13-16 gave a clear narrative against Koita and Mohamed Jalloh where they stated that they and the other assailants wore masks on their faces, adding that they were masked not just for nothing but had intentions, adding that the evidence of Officer Samura said he was grabbed, assaulted, beaten and her weapon taken from her.
Counsel Mason furthered that Samura said she witnessed the looting of the arms store by the assailants at Wilberforce Barracks and when attempt was made by loyal officers to attack the assailants there was heavy firing and blasting, and this testimony he said was also confirmed by Major Musa Gassama and Major General Dauda Alpha.
The state lawyer said that PW16, Ibrahim Deen, was one of the guards at Wilberforce Barracks and he told the court that his rifle was seized by the assailants and he also witnessed the looting by the assailants when they were removing RPGs, LMGs and lots of ammunitions from the arms store at Wilberforce. He furthered that the testimonies of these witnesses were not challenged by the defence as no cross examination was done by defence counsels. He added that this evidence has been proven beyond reasonable doubts.
He further submitted that the assailants seized and took control of the arms store at Wilberforce and the loyal officers were unable to gain access into the barracks. Moving forward lawyer Mason further addressed the jurors that there is no doubt that Koita and his team of assailants were at Cockerill headquarters on 26 November, 2023, adding that this was confirmed by Major John Kainesie and Lieutenant Col. Sandi who gave a lengthy testimony on that including that Koita himself confirmed that there was an attack at Cockerill headquarters.
Lawyer Robin Mason referred to the testimony of Major John Kainesie who said upon Koita’s arrival with his team of assailants, RSLAF Sulaiman Conteh approached the vehicle at the gate and while pointing a torch to know who were in the vehicle, he saw the assailants shot and killed him, adding that he also witnessed RPG blasts by the assailants, which testimony was also confirmed by PW 23, Saffie, who said he saw Koita among the assailants and Koita was the one who demanded again the keys to the arms store at Cockerill headquarters, adding that the same statement was confirmed by Lieutenants Sheik and Sandi.
He further submitted that Col. Sandi in his testimony said he saw one of the assailants Kabba who is on the run and Kabba was also seen in the CCTV footage at Pademba Road prison. He also said Col. Sandi also told the court that Koita and his team arrested and disarmed him, and Koita ordered him to surrender the key to the arms store. He said these pieces of evidence remain unchallenged by defence counsels.
State counsel Mason further addressed the jurors that Murray Town Barracks was also attacked by the assailants and PW 28, Lieutenant Col. Sandi said after being arrested by Koita and team they went to 3rd Infantry Brigade at Murray Town Barracks and while on their way to the barracks Koita ordered him to make call to the commander of the Murray Town Barracks that the government has sent military officers to save the barracks. Lawyer Mason furthered that Koita and his team in preparation to overthrow the government, deployed assailants at Murray Town Barracks who were Idrissa Kamara called Leather Boots, Staff Sergeant Alhaji Koroma, Sergeant Janneh who is on the run and Mohamed Woodie, and they were deployed in Sergeant Janneh’s room.
He further submitted that Staff Sergeant Alhaji Koroma in his statement told the court that in preparation to overthrow the government he gave Koita and his team of assailants 8 AK 47 rifles and 480 arms and ammunitions, adding that he was at Kambia and was the one responsible for safe guarding the ammunition but deliberately gave them to Koita, adding that he travelled to Makeni to Pa Sesay for fortification of his body.
He further submitted that Staff Sergeant Alhaji Koroma furthered that at Murray Town Barracks they were kept in the room of Sergeant Janneh with instructions to attack the Joint Logistics Unit. Lawyer Mason further addressed the jurors that PW 10 attached to the Joint Logistics Unit at Murray Town Barracks said on 26 November, 2023, while heading to the toilet he heard someone coughing in the direction of Janneh’s room and he became suspicious and so decided to check.
He said the witness said the doors and windows were closed and he knocked on the door with no response and so he peeped through the window and saw military officers inside the room, adding that he signalled to four officers who also went to knock at the door. He said the witness furthered that someone within the room pushed the door open and there was shooting and cross firing, adding that Col. Kabba died during the firing as one of the bullets passed through his head.
He said the witness furthered that one of the assailants came outside the room and started shooting and before his death he was identified as Leather Boot who told them that it was Sergeant Janneh who invited him to come to Sierra Leone from England.
After that evidence, lawyer Mason said the prosecution has led sufficient evidence in the Overt Act against the first accused, Koita. He furthered that the prosecution has come with clear evidence of the attack at Pademba Road prison by Koita and his team of assailants. He said the endeavour of the assailants was to overthrow the government by unlawful means. He said Obi Issac Johnson was not just killed but the facility was broken into and all the inmates were released.
Lawyer Mason further addressed the jurors that another prosecution witness Morlai Conteh working at the correctional centre as security guard and Col. Sandi gave a clear narrative of what transpired at Pademba Road prison and inspector Mohamed Jusu also clarified that point by displaying the CCTV footage of what transpired at the gate of the correctional service.
He further submitted that Col. Sandi in his testimony said when they arrived at Pademba Road prison, Koita disembarked from the vehicle and joined an argument that was going on with the other assailants. He said Col. Sandi also told them that Kabba gave instructions that they should reverse their vehicles and hit the gate of the prison thrice for it to open, which they did, and the gate was opened and they rushed into the prison and the inmates escaped.
Lawyer Mason further addressed the jurors that the cells were broken into and 1,919 inmates were freed by the assailants. He added that PW30 Mohamed Jusu tendered exhibit RRR1-5 in court which is the CCTV footage that played for 37 minutes 12 seconds. He said the CCTV footage showed Koita carrying rifles and Kabba giving instructions for the gate to be opened and also the 10th, 11th and 12th accused persons were also seen in the CCTV footage.
He said the prosecution has proved the Overt Act sufficiently and that the offences the first accused, Koita, is standing trial for were committed.
He said they have proven that the assailants tried to overthrow the government by unlawful means.
He said they have also proven before the court what transpired at Wilberforce Barracks, Cockerill headquarters, Murray Town Barracks and the correctional centre in which the intention of the assailants is to overthrow the government by unlawful means.
He said Sergeant Alhaji Koroma said the plan is for them to go to Pa Sesay to fortify their bodies so that they would be able to acquire weapons, recruiting security personnel, killing government personnel, looting stores and releasing inmates. He said the reason the assailants released the inmates was for them to join them in their motives. Lawyer Mason further told the jurors that the prosecution also relied on the confessional statement of the second accused, Mohamed Jalloh, which was tendered and marked as exhibit S1-35. He said Koita was also charged with the offence of murder and RSLAF Major John Robert Mbomba, Obi Isaac Johnson, Lt. Col. Wilfred Samai and others were murdered.
He said to establish murder the prosecution should prove that there was a killing which was done within one day or a year, adding that the assailants were heavily armed with not just AK 47 rifles but other weapons including RPGs. He further submitted that the deceased did not just die but there were circumstances surrounding their deaths, and these people died at places that were attacked by Koita and his assailants.
Lawyer Mason said that Corporal Kai Mondeh was killed at the 5th Battalion, Wilberforce, and Dr Simeon Owizz Koroma tendered in evidence which confirmed that his death was homicidal which is not natural, adding he also died of acute haemorrhagic shock due to gunshot wounds.
He further that his death was also confirmed on the confessional statements of the second accused Mohamed Jalloh who said while in the vehicle a soldier standing on the overhead bridge at Wilberforce was shot and killed by one of the soldiers whose name was Mondeh.
Lawyer Mason said RSLAF Chernor Sulaiman Bah was killed at Cockerill headquarters on 26 November, 2023, adding that his death was confirmed by Dr Simeon Owizz Koroma who tendered exhibit XXXXX and the exhibit confirmed the death of Chernor Bah was from acute haemorrhagic shock and gunshot wounds.
He said Major John Kainesie in his testimony said at 4:40 am on 26 November they saw a Toyota Land Cruiser with military number plates at the gate of the Cockerill headquarters and somebody shouted that the vehicle should be searched and Sergeant Conteh went outside with a torch and while pointing it at the vehicle he was shot and killed.
He said he submitted that RSLAF Lt. Col. Wilfred Samai was head of operations at Joint Force Command at Cockerill. He said General Alpha in his testimony said he and Col. Samai were on patrol and when they reached at Murray Town junction his vehicle was blasted by an RPG bomb and he was injured with his driver Samai’s head blown off. Lawyer Mason further submitted that Koita in his testimony said he witnessed the blast of an RPG in that area on 26 November.
He further submitted that the prosecution relied on exhibit MMMMM which confirmed that the deceased died of haemorrhagic shock due to gunshots. He added that RSLAF Major John Mbomba died at Cockerill headquarters as a result of the unlawful act of Koita and his assailants and was confirmed by Dr Simeon Owizz Koroma that his death was homicidal not natural as he was killed by a single bullet.
He furthered that Sergeant Abdul Conteh was also killed at Cockerill and his death came when he went outside the gate to point a torch to know who were in the vehicle and he was shot and he died of a single bullet wound at the entrance of Cockerill headquarters.
He further submitted that Obi Isaac Johnson was killed in front of the Pademba Road prison and his death was also confirmed by Dr Simeon Owizz Koroma and it was supported by exhibit RR 1-5 which said he died of gunshots. He submitted that this was an unlawful killing and his death was caused by Koita and his assailants who carried out the attack. He said in count 8 Koita and Mohamed Jalloh are charged with the offence of shooting with intent and at Murray Town they intended to shoot Major General Alpha and in his testimony he identified Koita and Soriba among the assailants who blasted an RPGS on his vehicle and his driver’s head was blown off while he sustained injuries where the fragment went into his spin, adding that he travelled out of the country to have the fragment removed. A scan was carried out that showed the intervertebral disc of the fragment.
He said the shooting with intended to kill, showing wounding with intent or murder. He urged the jurors to accept that it was the intention of the assailants to murder the Major. Lawyer Mason further addressed the jurors that there is evidence by Koita when he said he has a job at England and he left the job to travel to Sierra Leone but did not reveal before the court the purpose he came to Sierra Leone. But the prosecution, judging from the fact said Koita’s intention was to overthrow the government of Sierra Leone.
He said Koita also visiting Pa Sesay was not a coincidence by the other assailants, adding that at the end of the day he took photos with the assailants and also paid for the drinks, foods and treatment of each assailant that was treated by Pa Sesay. He therefore asked questions that the act done by Koita was a way of establishing his leadership to overthrow the government of Sierra Leone or he helped the assailants out of his free will. He therefore urged the jurors to consider this part of the evidence.
He said Koita was the same person demanding the key of the arms store from Lt. Col. Sandi and he further urged the jurors to consider his address when they deliberate on their verdict. He said in the case of the second accused Mohamed Jalloh he said he was charged with the offence of treason, six counts of murder, one count of shooting with intent and unauthorised use of military uniform. He said Jalloh while answering to charges at the police station made a confessional statement to the police which is exhibit S1-35. He further submitted that Jalloh told the police in his statement that there was a plan to overthrow the government of Sierra Leone by unlawful means.
He added that Jalloh also said the plan was to be executed in March 2023 and Staff Sergeant Alhaji Koroma was the one who informed him about the plan and he admitted that he was communicating with Koita in respect of the coup. He said Jalloh confessed that he joined the coup plotters and that he met Koita at Pa Sesay’s residence for fortification of their bodies. Lawyer Mason further addressed the jurors that Jalloh also confirmed his presence at the arms and ammunitions store at 5th Battalion, Wilberforce Barracks, and was deployed at the entrance to report to their leader the way things were happening. He said Jalloh confessed further that it was Koita who persuaded him to join the plot to overthrow the government and they murdered RSLAF Kai Mondeh at Wilberforce.
He said Jalloh also confessed to receiving monies from Koita and was part of the meeting to overthrow the government and Sergeant Janneh who is on the run gave him military uniform to wear while trying to overthrow the government of Sierra Leone.
State counsel Mason further addressed the jurors that he relied on the evidence of PW 13 RSLAF Ibrahim Deen, Abigail Samura, Major Musa Gassama and Major General Dauda Alpha including the evidence of Koita, adding that the summary of these witnesses’ testimonies corroborated.
He said Ibrahim Deen in his testimony said his rifle was taken from him and the attackers went with sledgehammers to broke the lock to the arms store and saw when the weapons were being taken away. He said this evidence was not challenged by the defence as the witnesses were not cross examined. The state counsel also addressed the jurors on the closing address of the other accused.
The matter was adjourned to a later date.