Journalists and members of the public who witness the court hearing of twenty-seven military officers who were arraigned before the court for mutiny were asked to leave the court for security reasons.
This came about when the second witness Captain Sheku Tunkara take the witness stand to testify in court against the accused.
After taking his oath at the dock, the state prosecutor J. A. K Sesay made an application that they would like to have a close door session with the witness, adding that the testimony of this particular witness touched the security of the state and this should not be in public domain.
He made his application pursuant to section 91(1) (2) of the Arm Forces of the republic of Sierra Leone Act of 1961.
Defense Counsel representing the accused did not object to the application made by state prosecutor.
In that note the Judge advocate Mark Ngegba asked people at the gallery to move outside the court and he raised the court and later the court registrar announced that everybody should leave the court room save the prosecution and defense Counsels whose names are recorded in the file as prosecutor and defense Counsels.
Earlier on the advocate judge Mark Ngegba and members of the panel said headed by the president Coniel Jabbati attached at the Ministry of defence said the first accused RSLAF 181760 staff Sergeant Alhaji Koroma of 11 Battalion pleaded guilty before court on nine count charges out of twenty count charges.
These charges include conspiracy to commit treason, mutiny, failure to suppress mutiny, aiding the enemy, communicating with the enemy, stealing of public property, and two other charges.
He said he wants the first accused to understand that if the court finds him guilty he will face the full force of the law which is life imprisonment.
He said if the first accused would not have pled guilty the trial would continue.
The defense team said they have nothing to say in the plea of the first accused.
The Director of Public prosecution I. Kanu said the prosecution accept the guilty plea of the first accused and would like the advocate judge and members of the panels to sentence the first accused.
The advocate judge Mark Ngegba said that the first accused did not plead guilty to all the count charges.
At this juncture, the Director of Public Prosecution I. Kanu made his open statement for the commencement of the trial.
In his statement he said the twenty-seven accused were arraigned before the court for the offense of conspiracy, mutiny and other offenses.
He said in the early hours on the 27 November 2023, the accused decided to disturb the sleep of citizens in the country.
He said this act of the accused violate the Armed Forces Act.
He said the burden of proof lies on the Prosecution and the Prosecution team will give an undeniable proof against the accused.
He said this event did not just happen it was planned and they started it from Kambia, Lungi, Makeni and Freetown where they entered the armory and stole weapons.
He said many of the accused were given charm in Makeni to protect them in executing these processes.
Lawyer Kanu said some of the accused knew about the plot but did not tell authorities.
He said the Prosecution will lead sufficient evidence in court, adding that the accused has taken their pleas and they pleaded not guilty save the first accused who pleaded guilty to some count charges.
He said the burden of proof lies on the Prosecution beyond reasonable doubt.
He said the Prosecution cannot ask for conviction until proven guilty.
He said in the early hours of 26 November, 2023, many inhabitants woke up at terrible sounds of gun firing and naturally people were afraid for their safety and security including the board members of the panel as they are in line to protect the state.
He submitted that on that day the whole of Sierra Leone got the new of what happened in Freetown that morning and there was confusion in the country.
Lawyer Macaulay further that gallant serving members of the security forces loss their lives in their services.
Lawyer Macaulay said that he is angry about what happened on that day because it should not happen.
He reminds members of the panel that they have taken oath to presides on the matter and all emotions in the matter should be left out of the court room.
He said the members of the panel are in court to determine whether the twenty-seven serving members of the force are guilty of the offense levied against them.
He said it is their duty to look at the fact whether these men in uniform are guilty.
He said they have listened to the Prosecution open statement by the DPP and he has made his open statement colourful that they have evidence against the accused and they will bring documents and show photographs of the faces of the accused.
He said the Prosecution also said that they will bring phone calls logs to prove that the accused are guilty of the offense charge.
Ady Macaulay further that those pictures should not be taken as face value as one picture can have different value depends on how they look at it.
He said these accused will be called to give evidence as to what is detected in social value
He said the DPP is right that in each offense they must prove that the accused are guilty beyond reasonable doubt, adding that it is the process of looking at the evidence and if they have doubt it must be excercise on behalf of the accused.
He ended that these offenses are very serious and the accused are men of honor, integrity and purpose as they have taken military and legal oath.
- M Tejan also made his open statement on behalf of the fourth accused.
Lawyer Julian Cole on behalf of the seventeen accused in his open statement said he is concerned about the wellbeing and welfare of citizens and the state.
He said the collective destiny and future of this country was threatened by the incident of November 26 2023, adding that collectively as a nation were resolved to search for arm and find through legal means those capable of the act.
He said this process is an act of protecting the existence of the state.
He said the seventeen accused put his life at risk in defense of the state and the citizenry of this country.
He further that the seventeen accused has serve the arm forces of this country since 1999 and up till now he has a good name in the force adding that there is no share of evidence that he was part of the planning process.
He said the panel would see as the trial unfold that the seventeen accused did not in any way be part of mutiny and he did everything he could that was legal and within the mandate instructions to keep the wellbeing of the state.
After given their open statements the first prosecution witness was called
Led by state Counsel JAK Sesay the witness Lieutenant Bockarie Marrah said he lives at the Wilberforce barracks as Military personnel.
Lieutenant colonel told the court that he is attached at the Arm forces personnel center cockry as a commander officer and he is in charge of keeping record of members.
He recognized the accused in the dock as military personnel of the Sierra Leone Armed forces.
He said his function is to re-keep record of the arm forces.
He confirmed that he recognized all the accused.
Printed documents were shown to him which he identifies as details he has in record of the accused persons.
He said the said documents were in his custody and wishes to tender in court.
They were tender and mark as exhibit A 1-31.
He said page one of the document has two pages of data captured of the 27 accused persons to commit mutiny.
He said the said Exhibit also have records of the accused when they were enlisted in the RSLAF their names, units and force numbers.
He continue that he has identification of all the accused in the said document
He ended that he then made statement in respect of what he stated in court.
There was no cross examination on behalf of the accused from their lawyers.
There was also no question from the boards members.
Meanwhile the Advocate Judge adjourned the matter to the 17th January 2024.
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