By Aminata Phidelia Allie
Politico has obtained the charge sheets containing the particulars of offence against 13 soldiers and one officer currently facing a Court Martial in Freetown. None of the charges border on treason or a coup.
Twelve of them face six counts each, while the first and the seventh accused are on a seven-count charge all bordering on mutiny.
The charges have not yet been read out in court because of preliminary objections raised by the defence first against the Judge Advocate and later against the President of the court panel.
The charge sheets were obtained yesterday, the day Judge Advocate Otto During dismissed the President of the Court Martial set up to try the 14 who were arrested in August last year in Makeni.
Col Osman Turay and all five other members of the panel were retired following an objection raised by the defence on Monday when the panel was introduced.
Even though the prosecution had pleaded with the judge to dismiss the objection arguing that there were no documents before the court to support the defence’s argument, Judge During upheld the objection because “every citizen is entitled to a fair trial”, adding that justice and fair trial “must not be seen to be illusive”.
"I wish to state here that whether the objections...were true or not, as long as they have been raised [they are] now an issue [and] will create a dent on the court martial" During ruled.
He said it was constitutional for everyone to receive "a fair and impartial trial" and therefore upheld the defence objection by dismissing the entire court martial panel.
He immediately adjourned the court to Monday 14 April when a new panel is expected to be constituted and charges expected to be read out and pleas taken.
Led by Julius Nye Cuffie, the defence had raised a preliminary objection to the appointment of Col. Turay based on two key points.
He said there was an existing gap between the president and the most senior accused, Capt. Prince Sesay bordering on an earlier internal military matter which led to the setting-up of a tribunal. Capt. Sesay presented evidence to exonerate himself thereby implicating the Col who was a commanding officer.
“Since then, there has been a bad blood between the two and anytime they meet, the proposed president [Col Turay] would cast impassions on the accused person as a bad soldier. This had led to my client living in constant fear as a result of the fact that the then commanding officer is a superior”, the defense lawyer submitted.
He also raised the red flag on the colonel saying he was recently expelled from a military college in Nigeria for alleged misconduct, something he said "strongly impinges upon his character, good conduct and probity, especially the fact that he is a superior officer of the RSLAF”.
The 14 accused persons are as follows, in that order:
Private Momoh Kargbo, Warrant Officer Class II Frederick Johnson, Private Abdulai Coker Suma, Corporal Mohamed Massaquoi, Lance Corporal Momoh Conteh, Private Tamba Shekue, Private Gbessay Koroma, Private Alpha Mansaray, Corporal Alex Jibao Koroma, Private Mustapha Quee, Private Kellie Kamara, Private Musa Fabai, Private Borbor Rogers and Captain Prince Sesay.
Following are the charges against the 14:
Count 1 is “Conspiracy to commit mutiny contrary to law;
Count 2 is mutiny, contrary to Section 37(1) (a) of the Armed Forces of the Republic of Sierra Leone Act No. 34, 1961 (as amended);
Count 3 is “Failure to suppress mutiny, contrary to Section 38(a) of the Armed Forces of the Republic of Sierra Leone Act No. 34, 1961 (as amended);
Count 4 is “Failure to suppress mutiny contrary to Section 38(a) of the Armed Forces of the Republic of Sierra Leone Act No. 34 1961 (as amended);
Count 5 is “Failure to suppress mutiny, contrary to Section 38(b) of the Armed Forces of the Republic of Sierra Leone Act No 34, 1961 (as amended);
Count 7 is “Incitement to mutiny, contrary to Section 37(2) of the Armed Forces of the Republic of Sierra Leone Act No. 34 1961 (as amended);
Count 8 is “Incitement to mutiny, contrary to Section 37(2) of the Armed Forces of the Republic of Sierra Leone Act No. 34, 1961 (as amended).
(C) Politico 10/04/14
