By Saio Marrah
Some of the 11 people standing trial for treason and other offences before Justice Komba Kamanda have elected to give evidence in their defence and call witnesses.
This came after the judge dismissed no-case submissions made on behalf of all the accused persons. Justice Kamanda said the prosecution established a “prima facie” case against them.
In his ruling on Wednesday, June 26, 2024, he said what was required of the prosecution was to provide sufficient evidence or a prima facie case, which he said had been established. He said they didn’t need to prove the evidence beyond reasonable doubt.
For the first accused, Amadu Kiota Makalo, the judge said the evidence revealed that he travelled from the United Kingdom to Guinea, from where he sent money in preparation for the failed coup. He said it was further revealed that the first and second accused persons and others went to a herbalist in preparation for the brutal mission. He also cited the statement of the second accused, Mohamed Jalloh which he said indicated his and Koita’s active involvement in the failed coup.
Justice Kamanda said the first, second, tenth and eleventh accused persons were seen at the correctional center. Thus, he said for a treason charge, there was sufficient evidence.
The judge also cited the testimony of prosecution witness 30, were tendered an autopsy report saying that the deceased who was killed on the day of the incident died of gunshots.
Justice Kamanda also pointed out that there was uncontroverted evidence that the first accused was seen with a weapon and referred to the testimony of Major-General Alpha, who said he was directly confronted by Koita and Sorieba Mansaray who fired a Rocket Propelled Grenade that beheaded General Alpha’s bodyguard, Nabieu Marah and that Colonel Samai also got killed during that bloody confrontation.
According to the judge for the third accused, the defence said that the prosecution failed to show evidence that he had knowledge of the incident and failed to inform relevant authorities while admitting that the accused did communicate with both Sorieba Mansaray and Yapo Sesay, but that he did so because they were his work colleagues.
The judge noted that the prosecution on the other hand said he was in constant communication with the two fugitives before and after the failed coup incident. He further cited the call log, which he said indicated that the third accused communicated with the two before and after the incident.
In his comment, Justice Kamanda said communication between workmates could be regarded as innocent, but at that material time, it cannot be interpreted the same. “So, the third accused’s case cannot be terminated at this stage,” he ruled.
For the fourth accused, who sent pleasantries to Koita, the trial judge said the state prosecution pointed out that the first accused, Koita had been declared wanted, but the fourth accused went ahead to communicate with him in her capacity as a prison officer. He said the prosecution thus established a prima facie case.
He said the six accused were seen in military uniform when he was not a military officer and that there was evidence that he knew, though he claimed to have attempted to communicate it to someone. Justice Kamamda said the state also provided sufficient evidence against the sixth accused for unlawful wearing of military uniforms and Misprision of Treason.
For the seventh accused, the judge said he was found at the military’s Joint Logistic Unit at Murray town but failed to raise the issue of alibi in his defence.
For the eight accused, he said the second accused was found in his home and that established a prima facie case for harboring.
All the accused were put on election to open their defence, except the eighth accused, Bai Mahmoud Bangura. Prosecutor Ahmed Bockarie applied for him to be tried separately from the others because of his health challenges. The application was granted.
All the accused elected to testify in their defence except 3rd accused, who said he didn’t have a witness.
The case resumes today 1st of July this year.
Copyright © 2024 Politico (01/07/24)
