BY: MOHAMED SAHR
The Lawyer for the second accused in the ongoing court martial trial, Lawyer Kamara has disclosed that his client was severely tortured after he was arrested in relation to the failed coup on 26th November 2023.
Kamara who objected to the tendering of the accused, Segeant Ibrahim Bundu Kamara’s statement in court on Friday 1st March 2024, noted that it was involuntarily statement that was obtained from him by a team of investigators.
He said the circumstances leading to the said statement, was one that subjected the accused to inhumane treatment.
“The second accused was taken to the Presidential Lodge, where he was seriously beaten by members of the Presidential Guard Force. In fact, the perpetrators, did not only subjected the accused to beating, they went further to take photos and video of the alleged incidence and posted them on social media.”
He added that “Speaking from the Bar,I had the opportunity to see such gruesome treatment of the said accused. My Lord, the most degrading and engrossing part of it all, some of those images, were taken whilst the second accused person was in ful military attire,” he stated.
According to Kamara, that such act is not only an embarrassment to the first accused, but also to the Army as well.
He added that the act is in contravention of Section 20 of the 1991 Constitution of Sierra Leone, a fundamental provision of the law of the country, citing also section 170 (15) of the 1991 Constitution as well, they tend to violate.
“The second accused was also given urine to drink and as a result of that he was unable to sustain food in his intestine for weeks, whatever he eats he will vomit.”
He furthered that the torturers also promised to give him his stool to eat, if he didn’t speak. “This amount also to psychological torture in itself, “he stated.
As a way of substantiating his claims, he asked the court to conduct their own check to determine the facts.
In his replied, Captain A. M. Mbayo from the Prosecuting team, said “I must say the allegations raised by the defense counsel are unfounded and substantiated.”
“The allegations has no nexus to the course of the interview.
There is total disconnect between the investigation and the statement,” he averred.
“My Lord, the accused was cautioned by his own volution and furthered affirmed by all the fundamental rights in respect of the investigations by fixing his thumb print”, the captain said.
On the face of that document, he maintained that there is no part of it that speaks to the issue of inhumane treatment.
The said statement which was objected to was recorded on 12th December 2023 by 20th Prosecution witness, Staff Sergeant Johnny in the presence of other investigators. “I cautioned and questioned the accused person.”
The witness said the accused made his statement after being cautioned by the investigating team, and there was a need to further interview him in respect of the said investigation.
After the objection and reply to the objection, the Judge Advocate overruled the defense counsel, and adjourned the matter to Wednesday 6th March 2024.
