By Allieu Sahid Tunkara
Judge Advocate at the court Martial, which is currently trying 13 soldiers accused of mutiny, yesterday admitted new documentary evidence from the 1st accused, Private Momoh Kargbo who testified earlier in his defence.
The admission in evidence of an acceptance letter issued to the accused by the Sierra Leone Opportunities Industrialization Centre in Makeni, follows an application made by the defence lawyer for the 1st accused, Julius Nye Cuffie. Cuffie described the document as crucial to the defence’s case as it indicated that the accused was a student of the aforesaid institution at the time the prosecution accused him to have incited his colleagues to commit mutiny.
He argued that although the authorities of the said institution were not in court to tender the document, the 1st accused was fit to do so as he was the addressee in the letter.
“The first accused, in his testimony-in-chief, told the court that he was enrolled at the Sierra Leone Opportunities Industrialization Centre at the time of the alleged mutiny, so the tendering of this document is to attest to the fact that the 1st accused was indeed a student of the said institution,” Julius Cuffie argued.
The defence lawyer stated that during the 1st accused person’s earlier testimony in court, the defence was not in possession of the document.
Relying on Rule 55(1) of the Court Martial Procedure Rules of 2003, the defence therefore implored the Judge Advocate to recall the 1st accused to tender the aforementioned letter.
Lead State Prosecutor Gerard Soyei made no objection to the defence’s application stating that the prosecution team was well au fait with the content of the rule as cited by the defense. “We leave it to your discretion, your Lordship, to decide on it,” he said.
In his ruling, Judge Advocate upheld the application of the defence, which according to him fell within the purview of the interest of justice. “I admit the evidence of the defense as it strives to promote the interest of justice,” he said.
Following the judge’s approval, Private Momoh Kargbo took the witness stand and tendered his evidence.
Arrested and imprisoned in August, 2013, the soldiers face an eight-count charge of conspiracy, mutiny, and incitement to commit mutiny and failure to suppress mutiny. They deny all charges, but they have been at the country’s correctional facility at Pa Demba Road since then.
The matter was adjourned to Friday 23rd January, 2015.
© Politico 22/01/15
