By Saio Marrah
A battery of lawyers representing 11 out of 12 accused persons in the ongoing treason trial, have in their individual oral no-case submissions argued that the state prosecution has failed to produce evidence to prove that their clients committed treason and other offences.
Oral no-case submissions were made on Tuesday 18 June, 2024, on behalf of the first accused, Amadu Koita Makalo, Bai Mahmoud Bangura, eighth accused and Tamba Yamba the tenth accused.
According to Lawyer S. A. Conteh, representing Koita, his client was captured at Murray Town Junction and brought to the Pademba Road Correctional Centre by the assailants and that the CCTV footage shown in court captured that scene.
For the offence on murder, he said the autopsy report shows the various deceased died of bullet wounds, but there was no evidence to prove that Koita had a gun or he fired the shots.
Representing the second accused, Lawyer Foday Mansaray said at the time of the offence his client was not present. He said the state failed to fulfil the required elements to prove the offence of murder. He also pointed out that there was no evidence to prove that the second accused used a gun or killed anybody.
Ady Mamaculey representing the third accused, Emmanuel Salifu Kamara said the prosecution failed to prove count one on conspiracy to commit treason, count two on treason and count seven, misprision of treason levied against his client.
He said it was only proven that the third accused did communicate with his work mates, Sorieba Mansaray and Yapo Sesay who were alleged assailants. He said the call log proved that Sorieba Mansaray was in Makeni between 20th and 25th November 2023 contrary to a claim by the prosecution that he had left his duty post in Makeni way back.
Lawyer Macauley further noted that the prosecution also tried to mislead the court that the third accused was in constant communication with Sorieba Mansaray. He cited the call log, which indicated that the third accused spoke with him once at about 8:00 a.m. of 26th November and that he communicated with Ya Po Sesay once on 27th November.
Emmanuel Teddy Koroma representing the fourth accused, Ramatu Conteh who was charged with one count on misprision of treason, said the state ought to establish that she had knowledge of the planning of the coup and failed to inform relevant authorities. Koroma said during her statement to police, the fourth accused said she failed to inform authorities about the information she got because she hadn’t confirmed it.
Koroma further argued that the whatstapp communication only showed the fourth accused sending pleasantries to Koita, who didn’t respond.
Lawyer I. Bangura for the sixth accused, said for misprision of treason and unauthorized wearing of military uniform, the prosecution ought to have proved that he had knowledge of the treason and concealed it. He said the accused told police in his statement that he tried to inform his friend, a military police, but that the police investigator did not mention that.
On offence of unauthorized wearing of military uniform, he said the photo presented to the court portrayed the accused raising his hand to indicate that he was forced to wear the said military uniform.
Lawyer Hassan Kamara representing the seventh accused, said his client was arrested together with another accused person standing trial at court martial. To him, a mere arrest with someone standing trial elsewhere is not enough reason to have committed treason. Lawyer Kamara said the seventh accused at that time went to visit his girlfriend at Murray town when the incident occurred and that he eventually got arrested at her house. He further noted that police cyber analyst earlier testified in court that there was nothing of police interest found in his client’s phone.
He also argued that his client’s phone number found in Koita’s phone was an old number which he was using when he was serving the police force and that it was given to him by the police at that time.
On behalf of the eighth accused Bai Mahmoud Bangura, Lawyer Macauley said the only crime his client committed was harboring the second accused in his house, but that Bai Mahmoud said the second accused had been in his house since 2014, which was not proven otherwise. He said the prosecution also failed to prove that the second accused started living in the house from 2019.
On the count of conspiracy, he said no evidence was adduced to show that he conspired with other persons and that the state further failed to show that he committed harbouring and misprision of treason.
For the 9th accused, Assistant Superintendent of Police (ASP) Ibrahim Sesay, Macauley said there was duplication and uncertainty on count 15, which he described as bad in law. For harbouring, he said the accused’s house was searched in Makeni but the police found nothing.
Lawyer A. O. Gbla representing the 12th accused said his client was charged with conspiracy to commit treason and murder, but that the cyber analyst testified that nothing of police interest was found in his phone. Gbla said the accused said in his statement that the assailants captured him together with other Operational Support Division (OSD) personnel and taken to the Pademba road prison. He further argued that there is no evidence to show he voluntarily or forcefully broke the gates of the prison and no evidence that he committed murder.
In reply to the various no-case submissions, the lead state prosecution, Ahmed J.M. Bockarie said the prosecution relied on the entire evidence before the court.
He noted that none of their witnesses were discredited. So what the defence were left with was whether the prosecution met the essential threshold. He said 12 witnesses showed to the court that there was a coup and that there were systematic attacks on key government institutions.
He said the second accused did explain the preparatory conduct of Koita and added that Koita further conducted the coup with the second accused as part of the plot.
He said the CCTV footage showed the first accused in front of Pademba Road prison in a comfortable manner, insisting that Koita was the main planner and executor of the failed coup.
Justice Komba Kamanda reserved ruling on the no-case submissions for Wednesday 26th June this year.
Copyright © 2024 Politico (21/06/24)
