By Aminata Phidelia Allie
The 6o-day period stipulated for the court martial trying 14 soldiers for alleged mutiny and other related charges is drawing to a close with much still to be done. Arrested in August 2013, the soldiers made their first appearance before the military court martial in April this year. It is not clear whether this timeline will be met or whether it will be shifted in view of the stop-starts that characterised proceedings especially when defence lawyers boycotted for weeks and the objection that led to the reconstituting of the Panel.
The sixth prosecution witness explained to the half-empty court, presided over by Judge Advocate Otto During, that he had obtained caution and charge statements from four of the fourteen accused persons. All the statements were tendered in court.
Before the statements were accepted into the evidence, the defence team objected on grounds of the competence of the witness to tender the statements "that have never been in his custody".
Lawyer Ishmael Philip Mamie pointed out that even previous witnesses had problems during cross-examinations when questioned about the whereabouts of statement they had tendered "because even they do not know where the statements are coming from". He said a proper foundation for the tendering of the document was yet to be laid.
But state prosecutor, Gerald Joseph Soyei, argued that the documents should be tendered "because they have been with me since the commencement of this matter". At this, the defence lawyer suggested that the prosecutor should then take the witness stand and do the tendering, "because it is only the custodian that is competent enough to tender them".
The Judge Advocate urged the lawyers to allow the witness tender the statements "for the sake of progress". Voluntary caution and charge statements, in respect of the 4th, 9th and 12th accused persons were tendered.
In the absence of lead defense lawyers Julius Cuffie and Thomas Beah, Lawyer Mamie asked for an adjournment saying that he wouldn’t want to start in their absence. The matter continues tomorrow, July 17, when the defense team will cross-examine the witness.
The soldiers were arrested last year at Teko Barracks in Makeni. They face an eight-count indictment of conspiracy, mutiny, failure to suppress mutiny and incitement to mutiny. They deny all charges.
(C) Politico 17/07/14
