Court of Appeal Judge presiding over the ongoing treason trial involving Amadu Koita Makalo and eleven (11) others, Hon. Justice Komba Kamanda (JA) has dismissed the “No Case Submission” made by the defence lawyers representing twelve accused persons in the trial.
“The indictment upon which all the accused persons are tried and the evidence before the court at this stage of proceedings demonstrate clear overt acts, preparatory to overthrow the government of Sierra Leone by unlawful means. The overt acts are clearly spelt out in the indictment and sufficient prima facie evidence has been led by the prosecution in that regard as stated inter alia.”
The trial judge said the Prosecution led sufficient evidence on each of the overt acts stated in the indictment before the court which show that “knowledge and the wilful attempt to conceal the acts of treason.”
In his final statement on the “no case submission,” the Trial Judge stressed that “in the circumstances, the trial shall continue on all the charges as they appear on the indictment against the accused persons because the prosecution has led sufficient prima facie or substantial evidence against all the accused persons.”
Commenting on the submission made by Counsel representing the 2nd, and 10th accused persons that the fiat upon which the proceedings commenced is in sufficient and as such, the court lacks jurisdiction to entertain the trial, Hon. Justice Kamanda noted that the submission of both Counsel as regards the sufficiency of the fiat is untenable and therefore dismissed.
The twelve (12) accused persons: Amadu Koita Makalo, Mohamed Jalloh, SGT. 10020 Emmanuel Salifu Kamara, Ramatu Kamanda Conteh, Halimatu Hassah Bangura, Hassan Lee, Mohamed Wudie, Bai Mahmoud Bangura, ASP Ibrahim Sesay, Tamba Yamba, Kabba Kamara and Abdul Sorie Hassan Kamara are before the court to answer to twenty (20) count charges including Treason, Murder, Misprision of Treason, Harbouring, Unauthorised use of Military Uniform among others.
The Prosecution alleges that Amadu Koita Makalo, Mohamed Jalloh, SGT. 10020 Emmanuel Salifu Kamara, Mohamed Wudie, Bai Mahmoud Bangura, Tamba Yamba, Kabba Kamara and Abdul Sorie Hassan Kamara, on diverse days between the 5th day of November 2023 and the 26th day of November 2023 in Sierra Leone prepared to overthrow the Government of Sierra Leone by unlawful means.
The State further alleges that the accused persons conspired together with others persons’ unknown to overthrow the government of Sierra Leone in that they agreed to seize and take control of the 5th Battalion Headquarters at Wilberforce Barracks in Freetown, the Joint Force Command Headquarters at Cockerill Barracks, the 3rd Infantry Brigade Headquarters at Murray Town Barracks, the Sierra Leone Correctional Centres in Freetown, the Sierra Leone Broadcasting Corporation Establishment at New England in Freetown and to overthrow and take control of the Government of Sierra Leone by unlawful means.
The 1st accused, Amadu Koita Makalo is also alleged to have on the 5th day of November 2023 and on diverse dates between that day and the 20th day of November 2023 in furtherance of the preparation to overthrow the Government of Sierra Leone by unlawful means travelled from the United Kingdom to the Republic of Guinea where he held meetings with other persons unknown.
The no case submission by the defence team of the accused persons follows the close of the Prosecution’s case after leading in evidence thirty-two (32) witnesses.
Immediately after the ruling on the no case submission, the accused persons were put to their election for which they all opted to give evidence on oath from the witness stand as well as call witnesses, save for the 3rd accused who informed the court that he has no witness.
Shortly before the trial was adjourned, State Counsel, A. J M Bockarie informed that court that for the past three adjournments and evidently noticeable is the fact that the 8th accused person (Bai Mahmoud Bangura) solely by his reported ailment has delayed the proceedings of the court. He added that now that the trial is at its critical stage and from a lawful estimation, the continued reported ailment of Mr. Bangura would delay the proceedings.
He therefore made an Application pursuant to section 148 (3) of the Criminal Procedure Act 1965, Act No. 32 of 1965 seeking an order to direct that the trial of the 8th accused in respect of counts 1, 2, 13 and 14 be separated from the rest of the accused persons and for his name to remain on the indictment as the trial continues.
The Hon. Justice Komba Kamanda granted the said application and adjourned the matter to 1st July, 20204.
Credit – Judiciary Communications
Copyright –Published in print in Expo Times Newspaper on Wednesday, June 28th , 2024 (ExpoTimes News – Expo Media Group (expomediasl.com)