By Saio Marrah
Lance Corporal Abu Bakarr Koroma alias opanday is now a free man after he was found not guilty on grounds of insanity at the time of allegedly committing mutiny, murder and other military offences in connection with the November 2023 failed coup.
Judge Advocate, Mark Ngegba gave the ruling on Tuesday August 20, 2024 after the lead Legal Aid Board lawyer, Ibrahim Bangura applied for the court to return a not guilty verdict by reason of Corporal Koroma’s mental health condition.
Lawyer Bangura cited a provision in the court martial procedure saying that the trial of an accused may continue if he is fit, but otherwise not to continue and that the court-martial should find a suitable time to do findings on the medical condition of the accused. He said if the accused was found to be insane, the court martial should find him not guilty.
The lawyer cited a medical report by the military medical unit, which he said pointed out that the accused was insane. He said the report was from November 1 and that the accused was on the verge of being retired due to his mental health (epilepsy) condition.
According to the defence the accused’s mental status worsened by November 2023 and that at the time he was allegedly involved in the crime, he was mentally unfit.
In his reply, state prosecutor Joseph A. K Sesay told the court-martial that they were in possession of the accused medical report from the military’s Joint Medical Unit and that they relied on that report.
The Legal Aid Lawyer later told Politico that the outcome of the trial showed justice had been served and that it was done following the due process of the law.
He went on to say that at the time his client is said to have participated in the committing the offences he could not have appreciated the reality of things. “He was suffering from a defect of reasoning and he could not have done so voluntarily. “
The state prosecutor told journalists that the whole trial with regard to the accused soldier boils down to finding justice, while pointing out that their role is to prosecute and not to persecute.
He said when the defence made its application two weeks ago they investigated the issue by contacting the military’s medical unit to prepare a medical report and that on their findings a medical report was prepared which was brought to court. He said in cases of such nature, the court-martial has no alternative, but to terminate the trial.
Copyright © 2024 Politico (21/08/24)
