Siera Leone News: Court Martial: Prosecutor Tenders Eight Bags of Ammunition

By Stephen V. Lansana
The State Prosecutor, AlieuVandy Koroma on Tuesday January 8, 2019, tendered eight bags of ammunition as exhibits at the ongoing trial of three former presidential guards at the court martial in Freetown.
The prosecutor presented four witnesses on the second sitting of the court martial.
The accused, Captain Patrick E. Kamara (1st accused); Warrant Office Class 1, Samuel Conteh; and Warrant office Class 2, Abu Bakarr Jalloh, are accused of willfully damaging service property, conspired to steal ammunition; involved in a conduct prejudicial to the group order and military discipline.
In his testimony, the first prosecution witness (PW1), Sheku Swaray, a plumber, said, “I recalled on the 18 June, 2018. I was at home (at Lumley) one morning when one Nyakeh called me to work for him. “Nyakeh told me to wait for him at Lumley so that he will take me to his site which is located at the back of Presidential Lounge at Hill Station,” he said.
He added that when he reached at the building site, he observed the work and then prepared his estimation. “After I finished working inside the building, I asked Nyakeh which septic pit to use since there were two septic tanks outside. So, I went and opened the first septic tank. But we went to the second septic tank, I opened it slightly and observed that there was something in the hole. Then I told Nyakeh that there is something in the septic tank. Nyakeh with some officers assisted us in removing the slab.
“We saw ammunitions in the septic tank,” Mr Swaray testified.
Mr Swaray identified the bullets and said that they were the bullets he saw in the septic tank. The ammunitions were produced and tendered and marked as exhibit Z1–8.
He explained that military officers that came at the scene asked him few questions about what happened and he left after answering the questions posed to him. He said that after few days, he was invited at CID to make a statement.
During cross-examination of the PW1, Lawyer Ady Macauley, defense counsel for the first accused Captain Patrick Edwin Kamara, asked the witness to tell the court the state of the septic tank — whether there was water or toilets in it. The witness said that there was no water or toilets in the septic tank, adding that the pit was grassy.
Lawyer Macauley asked how he knew that there were bullets in the hole. The witness said that on that day there were big bullets and small bullets.
“Is it just because you saw the small and big bullets means that this is the same bullets you saw,” Lawyer Macauley asked. And witness said yes.
In his follow up question, Lawyer Macauley asked if bullets of similar types and conditions from different place are brought before you, will you say it is the same bullets the witness saw in the septic tank. Mr Swaray answered in the affirmative.
The second prosecution witness, Albert Nyakeh Bio is the logistic officer and storekeeper at the Presidential Lounge. He testified that he gave contract to Sheku Swaray to do plumbing on his building. He said that Mr Swaray advised him that they should use the septic tank that is closer to the building site.
He said that when Swaray went to the septic tank that was closer, he opened it slightly. “But he observed that there were some things in it. So we assisted him in opening the pit, and we discovered ammunitions in it,” he said.
“I called Colonel Posowa but he did not answer. So, I called the Chief Security to the President and I told him about the ammunitions. So, he and other military officers came to the scene,” he testified.
During the cross-examination, defense counsel, Ady Macauley asked whether Mr Bio saw the first accused at the building site. Mr Bio said that he did not see the first accused at the site.
“You will agree with me that you don’t know who place the bullets in the septic tank?” Lawyer Macauley asked. Mr Bio said yes.
Lawyer Macauley further asked that the bullets could have been placed in the pit by any one. Mr Bio answered in the affirmative.
A formal witness, prosecution witness three, detective Sergent 1516 Conteh A, attached to the exhibit office at the CID headquarters in Freetown, said that whilst he was away, Detective Superintendent M.K. Alieu handed over to detective constable 9389 Mansaray L. (now a Deceased) 178 AA rounds of 12.7 millimeter, and 1606 AA rounds of 14.5 millimeter as exhibits in respect to this case. “He registered these exhibits in the exhibit book at against serial numbers 94/2018 in the presence of Detective Police Constable 9389 Mansaray S. and Captain C.K Dumbuya, and since then the exhibits were in the police custody,” he testified.
During the cross-examination, defense counsel D. Taylor objected the PW3’s statement on the grounds that he was not in the office when the exhibits were recorded, but his objection was overruled on the grounds that it was recorded. The exhibits were produced and tendered and marked as B1–178 and C1–1606, respectively.
The fourth prosecution witness, Captain Sylvanus Sheriff, attached to the Provost Unit of the RSLAF; who is the commanding officer of the special investigation branch, said that at about 13:00 hours when he went to Presidential Lounge, the commanding officer of Forces Intelligent Security Unity, Major J. Conteh, Commanding officer of Provost Unit and other police officers from CID and military personnel attached to the presidential guard force showed me a demarcated area.
“We looked through and we discovered large quantity of ammunitions in the hole. Two military personnel of the presidential guard force entered the pit and started removing it. There were 1,744 rounds; 1606 rounds was 14.5 millimeter and 178 rounds were 12.7 millimeter of anti-aircraft ammunitions,” he testified. After counting, we put them in eight bags and handed it to officer in charge, attached to Major Incident Support Unit. “We went to CID and we handed the eight bags of the exhibits to one Mr Mansaray at the exhibit office. Then I came to my office,” he said.
He testified that the ammunitions were rusty and smelling. He identified the bullets, and admitted that they were the bullets he saw.
Captain Patrick E. Kamara (1st accused); Warrant Officer Class 1, Samuel Conteh; and Warrant officer Class 2, Abu Bakarr Jalloh were accused to have committed a civil offence contrary to Section 72 of the Republic of Sierra Leone Armed Forces (RSLAF) Act №34 of 1961 as amended, in that they allegedly conspired to steal.
It was alleged that between January 1st, 2008 and 19th June, 2018, in Freetown, with intent to steal from the government of Sierra Leone, conspired with other persons unknown to steal by unlawfully agreeing to steal 4,245 rounds of 12.7 millimeter AA rounds; 3,828 rounds of 14.5 millimeter AA rounds; 11 guns of RPG 6 rounds of 7.62/39 milimetres; 11,476 rounds of 7.62/39 milimetres gun; 14,100 rounds of 7.62/39 millimeters tracer; 6,740 rounds of 7.62/51 millimeters bird wink; 515 rounds of 9/18 millimeters, all to the value of $80,402.30 equivalent to Le 683,490,550, property of the Government of Sierra Leone (GoSL).
In count two, the investigators alleged that the men committed a civil offence contrary to Section 72 of the RSLAF Act №34 of 9161 as amended, that is to say larceny by servant contrary to Section 17(2) (a) of the Larceny Act of 1916.
According to the statement of offence stated in count three, the men willfully damaged service property contrary to Section 49(c) of the Armed Forces of the Republic Sierra Leone Act of 1961. It was alleged that the accused persons on the same date and place, willfully damaged 1,600 rounds of 14.5 mm anti-aircraft ammunition and 178 rounds of 12.7mm anti-aircraft ammunition, all to the value of US$10,401.40 (Le88, 401,900) property of GoSL.
In count four, the soldiers were charged with willful neglect and ordering damage to service property contrary to Section 49(b) of the Armed Forces of the Republic Sierra Leone Act №34 of 1961 as amended.
The particulars of offence states that the accused persons by means of willful neglect, ordered damage to the said property listed in count three.
It was also alleged in count five that the accused’s conduct was prejudicial to the group order and military discipline contrary to Section 71 of the Armed Forces of the Republic Sierra Leone Act of 1961.
The prosecution alleged that the accused persons on the same date and place, being members of the Armed Forces of the Republic Sierra Leone, were involved in a conduct prejudicial to the group order and military discipline being that they improperly disposed of all the ammunition listed in count one.