BY: MOHAMED SAHR
Lawyer J. Cole, Defence counsel for the 17th accused person Charles James Mishek Yamba of 5 battalion has told the court about the burden of proof being shifted to the prosecution during his closing address on Thursday 8th August 2024 at the High Court of Sierra Leone.
He outlined that one of the fundamental points in the criminal law lies on the issue of burden of proof which equivocally hinges on the prosecution to proof beyond reasonable doubts.
J.Cole added that the prosecution must proof that the 17th accused person committed the offences and they must proof the ingredients of the offences.
“They must also proof the conduct of the act which they said the 17th accused person committed. The 17th accused must have the mental disposition of the offences which the prosecution alleged that he committed,” he said.
Going forward, he admitted that the position of the law is that the defence does not have any responsibility to proof that the 17th accused person committed the offences which he stands trial.
He said another fundamental issue is the standard of proof, stating that the standard of proof had to be proven beyond reasonable doubts. He said the prosecution must be very sure that the 17th accused person committed the offences and that by the conduct of what the prosecution said.
Noting that they must consider all those grey areas.
He told the court that if the prosecution has an evidence that an accused person did the offence. They must be very sure of what they presented to the court.
On the other hand, if the prosecution failed to proof beyond reasonable doubts, the Judge Advocate and Members of the Board must return a verdict of not guilty to the 17th accused person.
The agreement of committing mutiny must be proof by the prosecution.
In his closing address, J. Cole stated that the prosecution must directly point that the 17th accused persons did the offences and must be equivocal to what the law says about mutiny.
He emphasized that as per the 6 count charges of mutiny and other related offences levied against the 17th accused person, Section 37 (1a) and (1b) of the Army Forces Act of 1964 explain in details on the said charges.
On the aspect of Failure to suppress mutiny, which Section 38 (a) deals with, the prosecution must also proof very clear that the 17th accused person committed the offence.
Furthermore, for aiding the enemy, that which Section 30, subsection 2, paragraph (a) which was alleged against the 17th accused person, the must also proof in this regard.
He told the court that the 17th accused person was charged on the grounds of Conduct to the prejudice of military discipline which the prosecution said the 17th accused person committed. Therefore, the prosecution must be clearly proof beyond reasonable doubts.
He said what the prosecution brought as evidence and witnesses could be summarized to effect. Adding that few things stood out to what the witnesses testified during the cross examination led by the prosecution.
Cole mentioned that PW 9 at page 22 of the records under cross examination told the court that the 17th accused person yielded to the instructions of Major General Alpha to put his men on alert during the impasse on 26th November 2023.
Also, he admitted that PW 9 went further to say at page 23 of the 8 records; he testified that the 17th accused person did the instruction given to him by Major General Alpha.
He said nobody should tell the Judge Advocate and Members of the Board to do otherwise.
He continued to say the statement by PW 9 between lines 5 to 13 of page 5 of his statement showed that the 17th accused person addressed the men to be on alert.
He told the court that General A.S Bockarie was the head of the three Brigade Command, and he was the one who gave an order to the 17th accused person which he abide and act upon.
He respectfully addressed the Judge Advocate and Members of the Board to resist any suggestion contrary to the charges levied against the 17th accused person. The evidence before the Judge Advocate and Members of the Board was the assailants were in charge of the operation and were in control of the arms and ammunition store which contains sophisticated weapons.
