By Allieu Sahid Tunkara
Former prosecutor at the Court Martial in Freetown, which yesterday acquitted and discharged 13 soldiers being tried on allegations of mutiny, has ruled out any form of compensation or damages.
Major Vincent Sowa told Politico that the military men, all members of the Republic of Sierra Leone Armed Forces (RSLAF), were arraigned on charges of mutiny and had gone through a sixteen-month trial presided over by Judge Advocate Otto During in Freetown.
“Although the court has found no case against the accused persons, they are not entitled to compensation as this is not a rule in criminal prosecution. Assuming the court would have found a case against the accused persons, they would have gone to prison,” he said.
Sowa took over the prosecution of the matter from the former lead prosecutor, Gerard Soyei, who fell ill in court four months ago, shortly before the commencement of that day’s proceedings.
He welcomed the verdict stating that the “rule of law” had superseded the “rule by law”, referring to the latter as the days when soldiers were just arrested, prosecuted and speedily convicted for crimes they alleged to have committed.
He told journalists that the prosecution was in court because somebody gave the wrong advice although he declined to name the source of the advice.
“Although we relied on the facts given by the police, we ought to have taken the decision that the accused persons had no case to answer,” Sowa expressed dismay.
Meanwhile, one of the defence counsels, Lawyer Robert Kowa, who represented the fourteenth accused, Captain Prince Sesay, expressed doubt about the possibility of compensation from the government. He added that the state could not sell any of its assets to compensate the accused persons.
He told Politico that that notwithstanding, if the defence team got instructions from the former accused persons concerning the “enforcement of their compensation right,” the team would do so.
The lead defence lawyer, Julius Nye Cuffie, placed emphasis on the freedoms of the accused that they had restored more than any possibility for compensation.
“Freedom is the most expensive thing for any human being,” he said, adding that the not guilty verdict was a “just verdict” and said that history had been made.
One of the freed soldiers, Private Abdulai Coker Suma, told Politico that in spite of the ordeal he went through, he would still serve the army and that the issue of compensation rested with the army’s high command.
Although Suma declined to press for a compensation from government, he was ready to accept it if it were to be offered.
“I will accept the compensation from the government if it is offered,” he said.
While commenting on the verdict of the court, Private Gbessay Kamara stated that it was actually painful to be in prisons for two years, the army was the only job he had.
“I am not educated. I have no other job to do except being in the military,” he said.
Warrant Officer Class 2, Frederick Johnson, the second accused in the trial, also told Politico that his decision to remain in the army was in the hands of the army leadership.
Almost all those acquitted and discharged officers, who spoke to Politico, did not concern themselves with the need for compensation. They were happy that their freedoms had been restored so that they could continue to serve the army.
In August 2013, some 14 soldiers attached to the Fourth Infantry Brigade at Teko Barracks in Makeni, were arrested and charged to court on eight counts of conspiracy, mutiny and failure to suppress mutiny. The trial commenced on 2 April, 2014 at the Court Martial on Wilkinson Road.
During the trial, one of the accused, Corporal Alex Jibao Koroma, was acquitted and discharged in February last year for “want of prosecution” and following a written no-case submission tendered by the defence team.
Both prosecution and defence teams had previously closed their cases and tendered written final addresses to the court, paving the way for a judgement.
In the heavily crowded court, the Judge Advocate summed up the evidence and directed the board members on specific points of the law and the evidence adduced in court.
In his summing up Otto During informed the court that all accused persons were jointly charged on all counts except count 7 and 8 of incitement to mutiny in which the former first accused, Private Momoh Kargbo and the seventh accused, Private Gbessay Kamara, were singularly charged.
The judge further told the court that 11 witnesses testified for the prosecution and that out of those witnesses, eight were factual and three were formal witnesses, adding that three court witnesses assisted the trial.
The Judge Advocate said 29 witnesses were brought in to testify by the defence team, including the accused persons. He noted that 46 exhibits were tendered in court to assist the proceedings.
“In this summing up, I will confine myself within the evidence adduced in court and there will be no speculation,” the Judge Advocate assured.
He drew the attention of the board members to “bad charges” proffered by the law officers, police failure to comply with the “Judges Rules” which guide police officers in the investigation of criminal offences and the defences of “alibis” which, he said, remained unchallenged throughout the trial.
He concluded his summing up stating that apart from the bad charges, there was doubt regarding the commission of the offences by the accused persons.
“The prosecution must prove its case beyond all reasonable doubt. If there is doubt, that doubt must be resolved for the accused,” Otto During explained.
After the direction given by the judge, the board members retired and the President of the Court, Lieutenant Colonel Bobley Jusu, with a “not guilty” verdict read out by the president.
(C) Politico 06/08/15
