By Aminata Phidelia Allie
The defense team in the on-going trial of 14 soldiers of the Sierra Leone Armed Forces has raised an alibi in respect of 7th accused, Private Gbessay Koroma, whom a second prosecution witness testified against. The team raised the issue on Wednesday after their return from another boycott on Friday on the grounds of non-payment of their fee.
Continuing his cross-examination of the second prosecution witness (PW2), Sgt. Mamadu Borbor Jalloh, defense lawyer, Ishmael Philip Mamie, challenged the witness that he lied to the court when he said that he encountered and spoke with the accused in the morning hours of August 10 of last year.
“In fact, my client was at another location carrying out a task assigned to him by a superior officer,” Mamie said, adding that the accused went straight to his house “immediately he finished the task where he was met by Staff Sgt. Sesay, aka Saddam, who had sent him.”
In his response, PW2 said he was surprised to hear that Private Gbessay Koroma was away at that time insisting that he spoke with him.
The defense lawyer had applied that the original copy of the witness’s statement be shown to him, to which the state prosecutor, Gerald Soyei objected, saying the defense lawyer must provide an authority to support his application.
Lawyer Mamie refused to do so because, according to him, there is no authority for such. The matter was adjourned for Judge Advocate Otto During’s ruling and for the defense lawyer to provide such provisions “if there is any.” The defense lawyers had boycotted last Friday’s sitting, when the matter was supposed to have come up.
On Tuesday, however, lawyer Mamie stood his ground and insisted that that there was no such provision dealing with an application - whether by a prosecuting or defending counsel - to have a witness’s statement shown to him.
His stance was upheld by the Judge Advocate and the statement was shown to the witness, which after much argument, again, it was tendered to form part of the evidence in court.
Lead defense lawyer, Julius Cuffie, requested an adjournment of the matter as he would be taking on the witness in respect of the 1st accused, Private Momoh Kargbo, who was also mentioned in the witness’s testimony.
Judge Advocate During admonished both parties to “come prepared next week and refrain from seeking adjournments until the matter ends because the public is gravely concerned and there are talks making the rounds about the delay of the matter.”
He adjourned the matter to Wednesday, May 28.
The 14 soldiers were arrested in August last year at Teko Barracks in Makeni on mutiny allegations and they have since been at the Pademba Road Prisons. They face an 8 counts bordering on mutiny. They deny all the allegations.
(C) Politico 22/05/14
