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Delays at Court Martial, as defense witness absent

By Allieu Sahid Tunkara

Presiding Judge Advocate of the Court Martial presently trying 13 soldiers for alleged mutiny, has threatened to order for a subpoena to be served upon a certain Allieu Kargbo, a defense witness who failed to appear before the court in Freetown.

This has caused some delays in proceedings. The supposed witness, a mechanic at the Star Garage in Makeni, is expected to testify on behalf of the court’s first defense witness and accused person, Private Momoh Kargbo, who made an effort to exonerate himself on Monday.

Judge Advocate Otto During made the pronouncement after his court was informed by lead defense counsel, Julius Nye Cuffie, of the inability of the defense witness to make it to court.

“We have no witness today to corroborate the evidence of our principal witness as he (witness) is yet to reach the court,” Cuffie said.

Upon enquiry, one of the court attendants, Warrant Officer Class II James Metzger, informed the court that the witness had in fact promised to appear.

“I spoke with the said witness prior to this court sitting and he assured me that he was on his way to the court. But when I tried to reach him minutes later, his phone was switched off,” he said.

Judge Advocate During urged the defense lawyers to endeavor to get the right witnesses to testify in the trial so that they could enhance progress.

Defense lawyer Cuffie then applied for an adjournment and urged the court to consider Monday, January 19, as a convenient date for him to get his witness to court.

He, however, warned that: “Most of the witnesses in this trial reside in Makeni, and access to them is very difficult as there are many hurdles to cross before entering Freetown.”

The Judge Advocate eventually granted defense counsel’s application and adjourned the matter to the above date.

Arrested and imprisoned in August, 2013, the 13 soldiers of the Sierra Leone army face an eight-count charge of conspiracy, mutiny, incitement to mutiny and failure to suppress mutiny. They deny all chargesand have therefore been kept them at the country’s correctional facility on Pademba Road in Freetown.

© Politico 16/01/15

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