By Audrey Raymonda John
Lawyer F Mansaray defense counsel for the second accused Mohamed Jalloh has yesterday revealed before Justice Komba Kamanda presiding judge over the ongoing treason trial involving Amadu Koita Makolo and 11 others that his client was tortured, electrocuted and force to make a confessional statement by the police at Benghazi.
He said this just after the eight-prosecution witness was about to tender the statement of the second accused in evidence.
Prior to this, the 8th prosecution witness Detective Police Sergeant 8526 Issa Kamara led in evidence by state counsel lawyer Ahmed G M Bockarie said he is attached to CID HQ as an Investigator.
He recognized the second accused Mohamed Jalloh and further recalled 1st December 2023 when detective Inspector AbuBakarr Kargbo showed him 7 pairs of military uniform, one brown boot and various other military items which he said were found inside the apartment of the second accused at Rogbangba junction Freetown.
He said the accused was assigned to him together with detective police constable 11677 Ibrahim Sorie Conteh for further investigation, adding that during the cause of the investigation, detective police constable cautions the accused in Krio and he made response in Krio which was recorded in English.
He added that during the cause of the interview, the accused told them that he was tired and the interview was suspended.
On the 2nd December 2023, he said they recommence the interview, adding that during the process the accused told them that he was tired and therefore could not continue and the interview was suspended.
The witness further that on the 16th December 2023, himself together with detective police constable 11677 Ibrahim Sorie Conteh recommend the interview.
The witness was asked by the prosecutor if he could identify the said statement if seen and he said yes.
whiles the witness was about to tender the statements of the second accused,
Lawyer F Mansaray defense counsel for the second accused objected to the tendering in evidence of the statements on the grounds that the said statement which amount to confession was not voluntary obtained.
He said the accused was forced to make those confession with the facilitation of the investigation team he was taken to Benghazi where he was severely beaten and electrocuted forcing him to make the said confession. He said his clients requested for a lawyer to be present in his interview but was refused that opportunity.
In the circumstance, he applied for a Voi dire trial to be conducted in respect of his client’s statement.
He submitted that the burden is on the prosecution and not defense, adding that second accused did inform the investigating team that considering the tortured he experience was not in the right state of mind for the interview but he said same was ignore leading to the said confessional statement
The prosecutor in reply said they are not averse to a Voi dire been conducted, noting that it was clear from the evidence of the witness that the state was obtained voluntarily on three different dates.
He urged the defense to be specific on the area in which the Voi dire will be conducted. He stated that they are ready to prove that the statements were obtained voluntarily from the accused.
Lawyer Bockarie said whatever allegation the defense had, has nothing to do with the investigation.
Defense emphasized that threat was applied on his clients before the interview was conducted just after the tortured on the 1st December 2023.
Justice Kamanda having listened to both sides ruled that a Voi dire be conducted by the court as regards to the statements of the accused.
In that light, the jurors, members of the public including journalist were asked to leave the court for the said proceedings to commenced but was however adjourned to Monday 4th March 2024 for further hearing.
