By Audrey Raymonda John
Lawyer Musa Pious Sesay senior one of the defense counsels representing Amadu Koita Makolo and Bai Mamoud Bangura has on Thursday 29th boycotted the treason trial proceeding before Justice Komba Kamanda on the grounds that he is been treated unfairly.
Speaking to this medium, lawyer Musa Pious Sesay stated that there are several instances of constitutional violation regarding the representation they make on behalf of their clients.
” We have series of instances to demonstrate that the presiding judge do not accord the defense their right to adequately represent our clients”, he stated.
” The reason for the walk out today is premise on the frequent used by the presiding judge to arraigned defense counsels for contempt and he is using the powers given to him by the court to arraigned anyone that scandalized the court and he is over using that”, he explained.
According to him, what the judge did during the proceedings was to threaten to used contempt proceedings in open court against lawyers for doing nothing. He made reference to order 53 of the high court rules 2007 which gives the judge the powers to punish for contempt but said the judge is over using that provision.
He said as lawyers they are mandated to defend their clients without fair describing it as their responsibility.
Lawyer Musa Pious Sesay said all what he did was to raise fundamental issues on law.
He underscores that there was an instance when the prosecution made an amendment, and they sought for leave in other for them to prepared for respond to those major amendments that were on the indictments but said the judge refused and instantly ruled against them.
He describes these as one basic instance.
” Today again the conduct of the proceedings revealed glaring the constitutional provision of fair hear, and for that reason the defense team has unanimously agreed to stay away from the proceedings indefinitely and I have informed my clients as well” he revealed.
He said their right to fair hearing is been impeded by the judge, stating that they are not given the opportunity to raised legitimate concerns as provided by law.
Prior to this, lawyer Sigismond A. Conteh defense Counsel for the first accused Amadu Koita Makolo in further cross examination of Inspector Tamba Kassigbama refer him to page 7 of the accused statement where the interview was conducted.
He drew the attention of the witness to page 14 15/17 of the witness statement asking whether it was signed by the accused and he said yes it was signed by him.
He also asked the witness whether the statement was forwarded to the lawyer officers department after the interview, the witness said yes.
Lawyer Conteh asked the witness whether he obtained statement from the accused on the 4 and 5 November 2023, and the witness replied in the negative.
He also refers the witness to page 10 of the accused statements where in the accused was asked whether he had ever contacted staff sergeant Alhaji Koroma to go in search of arms and ammunitions and the witness said the accused denied the allegation.
The witness while reading the statement of the accused said the 1,000 and 3, 600 new Leones was a request made by staff Amerikin that he was not feeling well and at the same time Staff Sergeant Alhaji Koroma send him pictures of his son who was having a broken ledge that was the reason he said he sent the money to staff Amerikin to be shared among the both of them.
when he was asked as to whether he was part of those who obtained statement from staff sergeant Alhaji Koroma, the witness in reply said he one not the one that obtained statement from the him.
Lawyer Conteh put it to the witness that during the cause of the investigation it was revealed that the first accused was an ex-military man, the witness replied in the affirmative, adding that the accused told him that during his service to this country he works at several post and therefore knows so many military personnel including some of the military men that are currently going through Court Martial.
The witness said when the accused was asked as to whether he was received by staff sergeant Alhaji Koroma at the Lungi Airport he denied the allegation stating that he was not received by anyone when he entered Sierra Leone
Kassigbama admitted during Cross examination that the interview was suspended four times in the earlier hours of 5th, 8th, 10th and concluded on the 26 December 2023.
Lawyer Conteh asked the witness that after the 26th December 2023, if he did conduct any other interview statements from the accused, the witness said no he did not.
The witness confirmed that they retrieved the CCTV footage but said he did not confront the accused with it because it was received later after the charge statement was obtained from the accused.
Inspector Kassigbama was asked whether he confronted the accused with his mobile phone but he said no only one of the pictures in phone.
He also revealed that the police take murder allegations seriously.
He was asked as to whether he put any question to the accused in relation to murder, he replies in the negative, adding that he did not put the murder allegation of Corporal Johnson, Major Mboma, Corporal Kai Mondeh, and the shooting with intent to murder Major general Alpha to the accused.
Lawyer Conteh put it to the witness that even though he did not put the allegations of murder to the accused but yet still on the 1st January 2024, he charges him for murder, the witness said yes, he did based on evidence.
The witness further revealed that the mobiles phones of both the first and fifth accused are with the cyber and the investigation he said it was discovered that there were conversations between them.
During reexamination of the witness lawyer Bockarie asked the witness that when question was put to him by the defense counsel as to whether he investigated the 1,000 and 3,600 that was sent to Staff Sergeant Alhaji by the first accused was investigated and what was his findings.
Defense objected to that bit of question under reexamination on the grounds that it has been answer clearly by the witness and said there were no fresh issues raise. In the circumstance requested the court to discountenance the reexamination.
State Counsel in reply said the. quested he ask the witness raises fresh issues that need an answer noting that the question did not came from them by the defense.
He said it is a jury trial and they need to understand what was the outcome of the investigation as the witness has the capacity to answer the question.
Justice Komba Kamanda however dismissed the objection made by the defense counsel and further allowed the re- examination to continue.
The witness in response said base on the investigation and when Alhaji Koroma and Ibrahim Bundu alias Amerikin were confronted, they revealed to the team that those monies were send to them after the first accused has told them his plan for them to be part of the team to overthrow the president.
