Treason Trial : Prosecution Closes Case

By Feima Sesay

The state prosecutor Lawyer AJM Bockarie has on Thursday 30th May 2024 after the completion of their 32 witness closed the case for the prosecution in the ongoing treason against Amadu Koita Makolo and 11 others before Justice Komba Kamanda.

This came after the 32 prosecution DPC 13274 Hassan Bangura tendered in evidence the photos on the remains of Colonel Samai, Major M’boma and 4 other in court.

Lawyer Bockarie in his submission informed the court that the prosecution has closed its case having led 32 witnesses to prove their case against all the accused persons.

The accused persons he said came before the court pursuant to an order of the court made ; pursuant to section 136 sub section 1 of the criminal procedure Act No32 of 1965 and pursuant to the indictments ex-officio rules of 1969.

He added that on the 10th January 2024, the court gave an order for the preferment of 20 counts indictments against the accused persons and that the said indictments dated 10th January 2024 was later amended.

Lawyer Bockarie went on to state that by the order of the learned judge on the 10th January 2024, the court issued a warrant of arrest for the accused persons to appear before the court on the 11th January 2024.
The order of arrest was however tendered in court and marked as exhibits EEEE 1 to 4 and also the warrant of arrest of all the accused persons respectively.

He also tendered
several orders including the one requesting that the 8th accused Bai Mahmoud Bangura being brought to court; that the order of the court fixing the date for the trial of the matter for the 1st February 2024, the order for the indictments to be served on accused persons within 10 days which he said they complied with and the consent of the Attorney General and Minister of Justice dated 31st January 2024 given his consent pursuant to section 1 sub section 2 of the treason and state offenses act No 10 of 1963 as amended.

The lead defense Counsel lawyer Africanus Sorie Sesay in reply to the closing of the prosecution’s case requested for a month adjournment to do their No case submission, adding that the prosection brought 32 witnesses and that they want to test them and therefore need time to prepare .

He further said the accused persons were charged jointly and that they need time to prepare due to the volume of the evidence before the court, adding that they need time to look at the length and breath of entirety of the evidence.

Justice Kamanda having listened to the application made by lawyer Africanus Sesay for a month adjournment said he cannot grant a month adjournment to both sides on the basis that the accused persons are in prison, adding that defense counsel has wealth of expirence and does not need a month to do No case submission.

He said if he grants defense Counsels month he has to do same for the prosecution and that he said will take a long time.

Justice Kamanda how ever adjourned the matter to 6th June 2024 for defense counsels to do their No case submission.

Prior to the closing of the prosection case, the 32 prosecution witness Detective Police Constable 13274 Hassan Bangura tendered several photos in court of the postmortem examination conducted by Dr. Semion Owizz Koroma on the remains of Colonel Wilfred Sao Samai, Major John Robert M’boma and four other military personnel.

In his examination in chief led by state counsel Aruna Jalloh said he is attached to the Scene of crime unit scientific support Unit CID HQ Pademba road Freetown.

He said his duties and responsibilities include
visiting crime scene, witnessing autopsy examination, taking photos and tendering evidence in Court.

The witness further recalled between 27th November 2023 to 15th December 2023, when he witnessed an autopsy examination at 34 military hospital conducted by the chief medical examiner Dr Semion Owizz Koroma on 6 military officers.
” On 27th November 2023, I witnessed the autopsy examination conducted on Major John Robert M’boma and I used my Canon digital camera and took photography of the process which were later printed and arraigned in a photographic album and kept in police custody”, he stated.

Photos of the remains of Major M’boma were produce and tender marked as exhibit YYYYY 1-8.
DPC Bangura added that on 28th November 2023, he witnessed
another autopsy examination conducted on the remains of Abdul Conteh and also took pictures of the examination and printed same arraigned in a photographic album.
It was produce and tender as exhibits ZZZZZ 1 to 13.

The witness said on 29th November 2023 he also witnessed another autopsy examination conducted on Kai Mondeh and during the cause of the autopsy he took photos of it and printed them.
The said pictures were tender as exhibits AAAAAA 1 to 9 respectively.

On 30th November 2023, the witness confirmed witnessing the postmortem examination conducted on Chernor Suliaman Bah which he took photos of and printed out into an album . It was also tender as exhibits BBBBBB 1 to 10.

The witness also recalled 1st December 2023 when he witnessed the postmortem examination that was conducted on the remains of Obi Isaac Johnson and that during the cause he took series of photos with his Canon digital camera which were later printed arraigned in an album and kept in police custody.

The said album was produced and tendered and marked as exhibit CCCCCC 1 to 9.

”On the 15th December 2023, I witnessed the postmortem examination conducted on the remains of Colonel Wilfred Sao Samai by Dr Semion Owizz Koroma and during the cause I took series of photos and printed out into an album”, he said.

The photos of the remains of Colonel Wilfred Sao Samai were tendered and marked as exhibit DDDDDD 1 to16 respectively to form part of the prosecution case which includes 14 pictures.

It was at this juncture that the prosecution team closed their case.