By Janet A. Sesay
High Court judge, Justice Komba Kamanda has slammed Amadu Koita Makalo and Mohamed Jalloh one hundred and sixty-two (162) years imprisonment each and the sentence he ordered should run concurrently after the jurors have passed a verdict of guilty on all counts charges from treason, misprision of treason, murder among other charges.
Sergeant 10020 Emmanuel Salifu Kamara was sentenced to a jail term of ninety-two (92) years imprisonment, Ramatu Kamanda Conteh forty-four (44) years while Halimatu Hassan Kamara received sixty-five (65) years.
Hassan Leigh was sentenced to thirty-nine (39) years imprisonment, Mohamed Woodie to fifty-two (52) years, ASP Ibrahim Sesay to forty-four (44) years, Tamba Yamba to one hundred and two (102) years, Kabba Kamara to one hundred and two (102) years and Abdul Hassan Sorie Kamara to one hundred and two (102) years imprisonment. The learned judge ordered that the sentences of each of the convicts should run concurrently.
The sentence came after the jurors who were judges of fact had listened to the summing up by the judge and after retirement passed a verdict of guilty on all counts charges levied against the convicts. Before their sentence, Koita in his allocutus said he had nothing to say likewise the second accused, Mohamed Jalloh, and Sergeant 10020 Emmanuel Salifu Kamara.
Fourth convict, Ramatu Kamanda Conteh, pleaded with the judge to temper justice with mercy on her; while fifth convict, Halimatu Hassan Kamara, was unable to speak and was crying instead. The sixth convict, Hassan Leigh, in his allocutus pleaded for mercy while seventh convict, Mohamed Woodie, said he had nothing to say. The ninth convict, ASP Ibrahim Sesay, in his allocutus pleaded for mercy and said he had been suffering for eight months for nothing he knew about. The tenth convict, Tamba Yamba, in his allocutus said he was on duty when he was captured; eleventh convict, Kabba Kamara, in his allocutus also said as a police officer he was performing his duty and he knew nothing of what happened and said it was up to judge’s discretion to determine his fate. The twelfth convict, Abdul Hassan Sorie Kamara, in his allocutus cried out loud in court and said that today he was being convicted for something he knew nothing about, adding that his mother and father died this very day in a road accident while coming to court to listen to the judgement of the court.
Defence counsels representing the convicts in their plea mitigations pleaded with the judge to temper justice with mercy on their clients, adding that they are breadwinners of their families and said they are remorseful and pleaded that the judge did not impose custodian sentence on them. State counsel A. G. M. Bockarie in reply to plea mitigations made by defence counsels said the law is no respecter of man, adding that whether it is the president, serving members of the military or police, the person should be law abiding with constitutionality. He said the deceased who were killed were also breadwinners of their families and they died while executing their lawful duties as statesmen. Bockarie furthered that the provisions of the laws must be followed. He said the offence of treason, murder and shooting with intent carried life imprisonments as contained in the Abolition of the Death Penalty. He asked that the convicts be sentenced to the highest in order to set a warning to people who might want to try to overthrow the government by unlawful means.
Prior to the verdict, the presiding judge in his summing up address to the jurors said that they have a sacred duty to the trial which is for them to apply the law as directed and ensuring that justice is seen to be done clearly and independently which is the backbone of the case. He addressed the jurors about documentary evidence which he said is evidence touching on the integral part of the trial. He added that tendering of documents cannot help the case of the prosecution except when evidences are led. The learned judge furthered that if pictures are being tendered by the prosecution they should prove the evidence of the picture by showing the link between the accused persons and the offences committed. He further addressed the jurors that such evidence is an integral part of a criminal trial and it is important to note that when such documents are tendered they must speak or align to the testimony in court. Justice Kamara furthered that where there is such alignment, it adds more weight to the credibility of the evidence and much attention should be given to it.
The mere tendering of documents in itself he said cannot help the case for the prosecution except witnesses are led giving evidence that support that particular document. He furthered that if pictures are tendered, the prosecution must lead evidence connecting the accused persons to those pictures that were tendered. In respect of call logs that were tendered, he said the prosecution is under duty to show the relationship between the call logs and the accused persons including the offence of treason. He said where there is such alignment, it adds more weight to the credibility of the evidence and much attention should be paid to it. He added that during the trial a mark was shown directing to the President Lodge, 5th Battalion and Hill Cut Road junction, adding that weight must be laid on such evidence provided if the prosecution leads evidence to connect the accused persons to the particular mark in relations to the offences. Justice Komba Kamanda in further address to the jurors on the issue of alibi said an alibi is not a defence to the charge of conspiracy but what is important is doing unlawful things in an unlawful manner. He added that when it comes to conspiracy, there must be an agreement between two people and alibi in the actual sense of the word is not a defence to the charge of conspiracy.
The learned judge furthered that the presence of the conspirator at the scene of crime is not a criterion for conviction because the conspirator need not to be present at the scene of crime but what is important is that there was an agreement to do an unlawful thing in an unlawful manner. He furthered that an accused can be in other places or country but still conspire with other people to commit a crime. Justice Kamanda in further address to the jurors said the burden of proof rest on the prosecution. The learned judge furthered that the prosecution bears the burden of proof but in cases of possession where one is caught with arms or military uniform, the evidential burden is not placed on the prosecution but the accused, and all the prosecution need to do is to lead evidence to show that the accused were indeed caught with the military uniform or arms, adding that it is the responsibility of the accused to show the reason why he was in possession of the military uniform or arms and not the prosecution which he said is an evidential burden. Justice Komba Kamanda furthered that the use of mobile phone and called logs are essential part of the allegations of conspiracy simply because the agreement to do an unlawful act in an unlawful manner is not documented in the form of contract.
Therefore he said the most prevailing and compelling evidence relied on by the court can be telephone conversation and call logs, adding that in order for the prosecution to succeed on such evidence, they must show communication between the conspirators before, during and after the execution of the conspiracy. He said that that is supposed to be linked with the offence charged against the accused. The learned judge added that the prosecution must also be able to present in court the number of the conspirators, adding that where the prosecutions failed to give such evidence, their case will collapse. He said the prosecution must be able to present the call logs showing the number of the conspirators communicating before, during and after the incident. He continued that where an accused has been confronted with numbers in court and he deliberately refused to acknowledge such numbers in court his/her credibility should not be given in his or her testimony before the court.
In conclusion of his summing up to the 12-member jury he however urged them that before they arrive at their verdict they should evaluate the evidence led by the prosecution and the defence, adding that it is only after their evaluation they would be able to come out with a verdict. He advised the jurors that they should go to the jury room and return their verdict which is no longer unanimous but rather a two-thirds majority because the death penalty has been abolished. Justice Komba Kamanda added that initially before the abolition of the death penalty their decision should be unanimous, meaning everybody should agree in the decision they take before coming out with a verdict. The jurors were however asked to retired to the jury room to consider all the evidences adduced before the court and return with a verdict. Upon their return after two hours they returned with a verdict of guilty on all counts charges levied against the convicts.
It could be recalled that the first accused, Amadu Koita Makalo, and Mohamed Jalloh were arraigned on the indictments on nine counts charges: 2 counts of treason, 6 counts of murder and one count of shooting with intent to murder contrary to law. It was alleged by the state that Amadu Koita Makalo on diverse between 5th and 26th November, 2023, in Sierra Leone prepared to overthrow the government of Sierra by unlawful means and further murdered several military personnel including Lieutenant Colonel Wilfred Sao Samai, Major M’boma and 4 others. Sergeant Emmanuel Salifu Kamara, ASP Ibrahim Sesay, Ramatu Kamanda Conteh, Halimatu Hassan Bangura, Hassan Leigh, Mohamed Woodie, Tamba Yamba, Kabba Kamara and Abdul Sorie Hassan Kamara were arraigned on various counts charges ranging from misprision of treason, harbouring, unauthorised wearing of military uniforms, and other related offences all contrary to the laws of Sierra Leone.
After judgement of the matter the convicts were taken to the correctional facility and relatives of the accused were shedding tears in court. The daughter of the eleventh accused, Kabba Kamara, fainted in court.