By Allieu Sahid Tunkara
The lead defence lawyer in the tribunal trying 13 soldiers for alleged mutiny has applied for the case to be discharged “for want of further prosecution.”
Julius Nye Cuffie made his application on Monday when the prosecution team made the fifth consecutive adjournment application as a result of the protracted ill health of Gerard Soyei, the lead prosecutor in the matter.
Considering the ill health of Soyei, the Judge Advocate Otto During had already granted four adjournments, stating in the third adjournment that the court could not proceed without the lead prosecutor. He had however said on Monday, February 16 that the court would go for an alternative measure if Soyei did not appear on the last adjourned date (Monday, 23 February), but would not grant any other adjournment.
Cuffie objected to the application for adjournment by Major Vincent Sowa who is assisting Soyei in the prosecution. Relying on section 94 of the Criminal Procedure Act, No. 32 of 1965, he said the court had the power to dismiss the charges brought before it.
“I made this application in the interest of progress and fair play. Justice is a two-edged sword and what applies to the goose also applies to the gander,” Cuffie argued.
He said the accused persons had been in custody for close to one year, six months, noting that “justice delayed is justice denied.”
Cuffie also alternatively applied for bail relying on section 79(1) of the Criminal Procedure Act No.32 of 1965 which, according to him, explains the power of the court to grant bail to the accused persons. Whilst making both applications, he also cited section 23 Act No.32 of the Constitution of Sierra Leone,1991 which provides for a fair hearing for a person charged with a criminal offence within a reasonable time frame. He said the said section was found in the Constitution which he described as the supreme law of Sierra Leone which every sierra Leonean was under oath to comply with.
The lead state prosecutor fell ill on Monday 2nd February, 2015, shortly before that day’s proceedings commenced. A close Politico source indicated that Soyei had been shot with “witch gun.” Some attendees of the court martial have expressed same.
The assisting prosecutor, Vincent Sowa objected to both bail and discharge applications respectively made by the lead defence lawyer, citing Rule 86(1), (3) of the Court Martial Rules 2003 which states that “the court, during the trial, has the power to adjourn from time to time and from place to place in the interest of justice.”
He said the lead prosecutor was still ill and that his illness was a natural cause and that it was within the purview of the interest of justice to adjourn the matter. Sowa said the prosecution had closed its case and they were only now waiting to hear the defence’s case. Therefore, he noted, the court had the right to adjourn the matter.
Having heard from both the defence and the prosecution, Jude Advocate Otto During dismissed the applications of the lead defence lawyer, stating that the prosecution team had closed its case.
“I am not inclined to grant the applications of the defence lawyer as the discharge application does not apply to this particular case,” he said. He said both sections 94 and 79 of the Criminal Procedure Act no.32 of 1965 that relates to the discharge and bail applications respectively did not apply to the case. He however ordered the assisting prosecutor to step into the shoes of the lead prosecutor, warning that the court could tolerate no further adjournment of the matter.
Arrested in August, 2013, thirteen soldiers of the Republic of Sierra Leone Armed Forces are standing trial at the court martial for conspiracy, mutiny and failure to suppress mutiny. They have been in remand at the Pa Demba Road Correctional facility since their arrest although they deny all charges brought against them.
The matter comes up again on Wednesday, February 25.
© Politico 24/02/15
