By Allieu Sahid Tunkara
Judge Advocate Otto During, who is presiding over the trial of thirteen soldiers for alleged mutiny, Monday overruled the prosecution in respect of a document which the latter says contains “songs of revolution.”
Otto During made the ruling following an objection made by defence lawyer for the 6th accused, Ishmail Philip Mamie, to a question posed by the prosecution counsel, Vincent Sowa, during cross examination. It bothers on whether exhibit JJ-I and 2, which the prosecution counsel described as containing a revolutionary song, was written by the accused Tamba Sheku.
The document first came into light back in December, when the former lead prosecutor, Gerard Soyei, presented a photocopy of it to the court, arguing that it was bad for a soldier to compose revolutionary songs. The prosecution is trying to make a case that the song in question may have influenced Sheku`s co-accused.
On Monday, Mamie based his argument on the grounds that Sheku, while testifying in court last week, mentioned that it was only a photocopy of the document that was shown to him by police investigators. The defence counsel further argued that such document was not tendered in evidence as it was not produced in court even though the judge reminded him of the photocopy of the exhibit in question which, he said, was in evidence. He contested the validity of the said document since its original was never shown to the accused while the prosecution team was conducting its investigation.
“Since the prosecution failed to tender the original document while doing their case, even if a container of documents were found at the accused person’s residence, in law, nothing was discovered as the document was not before the court,” Mamie said.
The Judge Acdvocate upheld the argument of the defence and directed the prosecution to produce the photocopy of the document in court since it is the photocopy that was in evidence.
Meanwhile, Adamsay Lakoh, who took the witness stand on Monday to testify for the 6th accused, stated that that the accused was her husband and that she had stayed with him for fifteen years.
Apart from being a soldier the accused is also a musician, she said.
“He used to write and sing music,” she added.
Between 1st and 15th August, 2013, Ms Lakoh went on, the accused used to work for three days and after his tour of duty, he came back home and stayed with her. She said the accused had never held any secret meeting with the other accused persons.
“My husband did nothing to influence the other accused persons to rebel against the government or the army leadership,” she said.
In her testimony, the wife of the 6th accused also revealed that he was arrested on 16th August, 2013 by the provost attached to the 4th Battalion when she and the accused were at home watching film.
She ended her testimony by stating that the accused had no bad feelings against the government or the leadership of the army and said he was satisfied with his pay.
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 by the prosecution.
© Politico 16/03/15
