By Audrey Raymonda John
Lawyer Ade Macauley defense Counsel for the third accused Sergeant Emmanuel Salifu Kamara has on Wednesday 7th February 2024 informed the court that the lawyer and family members of Koita and the 11 others accused person have been denied access from seeing their clients.
He made these statements before Justice Komba Kamanda presiding judge over the matter.
Prior, to this Amadu Koita Makolo, Mohamed Jalloh, Sergeant 10020 Emmanuel Salifu Kamara, Ramatu Kamanda Conteh, Alimatu Hassan Bangura, Hassan Leigh, Mohamed Woodie, Bai Mamoud Bangura, ASP Ibrahim Sesay, Tamba Yamba Kabba Kamara and Abdul Sorie Hassan Kamara were arraigned in court on 20 counts charges ranging from Treason, Misprision of Treason, Haboring, Murder, Unauthorized wearing of military uniform, shooting with intent to murder and others related offences all contrary to the laws of Sierra Leone.
According to the indictments it was alleged that the accused Amadu Koita Makolo, Mohamed Jalloh, Sergeant 10020 Emmanuel Salifu Kamara, Mohamed Woodie, Bai Mamoud Bangura, Tamba Yamba, Kabba Kamara and Abdul Sorie Hassan Kamara on diverse date between the 5th to 26 November 2023, in Sierra Leone prepared to overthrow the government of Sierra Leone by unlawful means.
It was further alleged that the accused Amadu Koita Makolo and Mohamed Jalloh on the 26 November 2023, at Wilberforce Military barracks Freetown murdered RSLAF Corporal Kai Mondeh.
The state further alleged that Amadu Koita Makolo and Mohamed Jalloh on same date at Cockrill military headquarters, Murray Town Junction Lieutenant murdered Colonel Wilfred S Samai, Major John Robert Mboma, Sgt Abdulai Conteh and private RSLAF Chernor Suliaman Bah.
It further stated that that the accused Amadu Koita, Mohamed Jalloh, Tamba Yamba, Kabba Kamara and Abdul Sorie Hassan Kamara on on the 26th November 2023, at Pademba road correctional center murdered RSLAF Corporal Obi Isaac Johnson.
The indictments further stated that the 9th accused ASP Ibrahim Sesay on diverse date between 24th to 26 November 1023, in Makeni well knowing that Soriba Mansaray, Ibrahim Thorlu Bangura alias Tiger and Yapo Sesay had prepared to overthrow the government of Sierra Leone by unlawful means, unlawful concealed the commission of the said treason.
It was also alleged the fourth accused Ramatu Kamanda Conteh on a date unknown between 24 to 26th November 2023, in Freetown well knowing that treason had been commuted by Amadu Koita Makolo unlawful concealed the commission of the said treason
Whiles the charges further stated that Alimatu Hassan Bangura on a date unknown between 26 November to 4th December 2023, well knowing that treason had been committed by Amadu Koita Makolo and others unknown unlawfully concealed the commission of the said treason.
When the charges were read and put to the accused persons, they all pleaded not guilty.
Even though some of the jurors were rejected by the accused persons, but however, 12 jurors where empaneled as judges of fact in the matter together with the judge, while Bendu was selected as their foreman.
The director of public prosecution O.I Kanu requested for a short date to bring their witnesses and start the case for the prosecution, he further requested for an interpreter for their witnesses.
Lawyer Africanus Sorie Sesay made an application on behalf of the 8th accused Bai Mamoud Bangura dated 5th February 2024 on respect of his health condition.
Lawyer Bockarie said the application made by the defense Counsel on behalf of the 8th accused person in respect of his health condition have already been ruled on by the judge.
Lawyer Macauley speaking on behalf of all the accused persons informed the court in respect of visit to their clients at the prison, he said the accused persons have been denied family visit including legal visit. He said in as much as they are charges with very serious offences, they have the right to family life under the constitution section 15 C 1991 which guarantee them to family right.
He also cited section 23, 5 sub-B of the constitution, adding that the bench has already given an order that the accused persons been given an opportunity to receive both families and lawyers as visitors.
He added that there is no risk to the trial due to the tight security around their clients.
Lawyer Bockarie in reply to the what the lawyer Macauley said the families he said are bit before the court and that the defense Counsels are not representing the family but the accused. He said the court lacks the jurisdiction to discuss the issues of family and that the lawyers should follow procedures including rules, and time. He informed the court that even lawyer Macauley has visited the accused persons more than five times.
He said there is no evidence before the court to show that the families and lawyers of the accused persons have been denied access to the accused.
He however submitted that the order the defense counsel is seeking been denied, adding g that the correctional facility does not have the capacity to accommodate all the family members. He said the correctional facility should also been given the right to be heard.
He said the section which the defense counsel cited has limitations and to applied the order for access to family members he said does not fall under section 23 5 B.
He said they are not saying that the accused should be denied access though it their constitutional righ,t but that right he said has limitations and therefore plead for the correctional service to be heard; noting that what every order given by the court will affect the correctional service.
He prayed that the application made by the defense team be discountenance.
Justice Komba Kamanda having heard both sides said that he has taken into consideration the provision of the 1991 constitution reference by lawyer Macauley and lawyer Bockarie.
” In my consider view for a lawyer to complain that they need access to their clients does not need affidavit evidence to speak to same because the provision of section 23 sub section 5 B are very clear as a lawyer cannot be prevented from seeing his clients but such visit must fall within the laid down procedures of the correctional service which must not be in conflict with the overall principles”, he stated.
As regards the issues of the family visit, he said he is of the view that such evidence must be led by law presenting the fact before the court and also given opportunity to the correctional service to be heard.
” As I have stated early, to denied lawyers access to see their clients in any form in a criminal matter will lead to unnecessary delay on adjournment”, he noted.
He however ruled that the defense counsel be allowed access to the accused persons within the laid down rules and procedures of the correctional service. The matter was adjourned to Monday 12th February 2024 for further hearing.
Justice Komba Kamanda however informed the court and the public that the matter will be heard on Monday Wednesdays and Thursdays respectively.
