Sierra Leone News: Court Martial: Officer Commanding of SIB Testifies
By Stephen V. Lansana
Looking at exhibit U16, we were waiting for the documents on the test firing which the 1st accused, Captain Patrick E. Kamara promised to bring for further clarifications, Major Justin Koroma said Tuesday whilst explaining the effort they made to clarify the contemporaneous statement the 1st accused made at the CID headquarters.
The twentieth prosecution witness, Major Justin Koroma made this statement when testifying in the ongoing court martial presided by the Judge Advocate Aljahi Momoh-Jah Stevens and the Court Martial Board at the military headquarters, Cockerill in Freetown.
Exhibit U1–25 is the voluntary cautioned and questioned statement obtained from the 1st accused. Specifically, exhibit U16 entails an answer given by the 1st accused concerning the documentary proof that attest to the alleged test firing training where the discrepancy between the ammunition received and those back-loaded were expended. But during the course of the investigation, the witnesses testified that the 1st accused did not make the document available, even though he told them that he has it in his memory stick.
The court martial is constituted in Freetown to hear a case of three soldiers: Captain Patrick E. Kamara, 1st accused; Samuel Conteh, Warrant Officer Class 1, 2nd accused; and Abu Bakarr Jalloh, Warrant Officer Class 2, 3rd accused. They are accused of willfully damaging service property; conspired to steal ammunition; and involved in a conduct prejudicial to the group order and military discipline.
Major Koroma is currently attached at 4 Brigade, Joint Provost Unit in Makeni. But prior to this, he was attached at Special Investigation Branch (SIB) as Officer Commanding (OC).
He recognized the three accused persons. He said that the 2nd accused was his In-law, adding that he only knows the 3rd accused during this investigation.
He recalled on June 19, 2018. He said that on this day, he together with Sergeant Johnny was on duty at CID headquarters. “We obtained statement from key witnesses in respect of this matter.”
He testified that it was on June 24, 2018, that they obtained voluntarily caution statement from the 1st accused at CID headquarters. “Since the investigation was a Joint investigation, comprising both Military Personnel and Police officers attached at the Criminal Investigation Department (CID), I did together with Sergeant Johnny as recorder and Superintendent M. K. Alieu.”
He identified exhibit U1–14 which is the voluntary caution statement obtained from the 1st accused.
Responding to one of the questions they asked the 1st accused during the course of the investigation regarding test firing evidence which the 1st accused told them that he has it in his memory stick and they should ask 3rd Brigade for clarification, Major Koroma said, “Looking at the answer in exhibit U16, we are waiting for the document since the 1st accused said he will make it available to us.”
He emphasized, “We were waiting for this documents for further clarifications at headquarters 3rd Brigade. But since he did not make the documents available, we did not bother to make the clarification with 3rd Brigade.”
He added, “Apart from the weekly arms and ammunition returns which were given to us, we thereafter went to the headquarters Joint Force Command (JFC) and there was no trace of other document.”
He said that on June 27, 2018, they concluded obtaining voluntarily caution statement from the 1st accused. He identified exhibit V1–7. He furthered that on June 20, 2018, himself and Sergeant Johnny obtained voluntarily caution statement from the 2nd accused. He identified exhibit W1–8 as the statement they obtained from the 2nd accused, adding that on June 23, 2018, they obtained an additional voluntarily caution statement from the 2nd accused. He identified exhibit X1–6 as the additional statement they obtained.
He testified that on June 20, 2018, they also obtained voluntarily caution statement from the 3rd accused. He identified exhibit Y1–14 as the statement obtained from the 3rd accused. He added that on June 27, 2018, apart from obtaining statement from the 1st accused, they also obtained statement from the 3rd accused. He identified exhibit Z1–5 as the statement obtained from the 3rd accused on the said date.
The Nineteen Prosecution Witness (PW19) Sergeant Sahr Johnny continued his evidence in chief. He recalled making testimony and obtaining statement from the 1st accused. He read the statement he obtained from the 1st accused.
Sergeant Johnny testified that on June 27, 2018, they asked the 1st accused to make further statement. “To make some clarifications relating to other regulations that came up,” he said. “He made the statement in the presence of the investigation team. I cautioned and questioned the 1st accused and at the conclusion of that statement, I handed over the statement to him and he read it and accepted to be true and correct by signing it.” State Prosecutor, J.A.K. Sesay produced and tendered the statement as exhibit V1–7.
He added that on June 20, 2018, whilst on duty, the 2nd accused made statement regarding the discovering of ammunition at the back of the Presidential Lounge in the septic pit. State Prosecutor, J.A.K. Sesay produced and tendered the statement as exhibit W1–8.
The witness said that on June 23, 2018, they called the 2nd accused to make further clarification regarding the ammunition, and at the conclusion the 2nd accused signed the statement. State Prosecutor Lawyer Sesay produced and tendered it as exhibit X1–6.
He testified that on June 20, 2018, the 3rd accused make a voluntarily and caution statement at CID regarding that ammunition under investigation. The statement was tendered as exhibit Y1–14. The witness added that on June 27, 2018, the 3rd accused make further statement in other to make clarification.
During the cross-examination, defense counsel for the 1st accused, Ady Macaulay asked, “Do you recalled whether documentations were shown to you [investigation team]?” Sergeant Johnny said, “I cannot recall if any such document were shown/given to the investigation team.”
“Did you asked the 1st accused to produce the document on his memory stick on the following interview on June 27, 2018?” Lawyer Macaulay asked. The witness responded in the negative.
Lawyer Macaulay asked, “Did you take any further interview from the 1st accused after the last interview?” The witness responded in a negative.
Lawyer Macaulay asked, “Did you make clarification at 3rd Brigade with regards to what the 1st accused told you in the interview at CID?”
Sergeant Johnny said that the team visited 3rd Brigade and obtained statement from the Quarter Master Captain M. Kamara. Defense counsel produced and tendered the first and second statements obtained from Captain Kamara as exhibit AA1–2 and AB1–3, respectively.
Sergeant Johnny said that the first statement on June 20, 2018, was done before they obtained statement from the 1st accused.
Lawyer Macaulay said, “Look at exhibit AB1–3, tell me where you made the clarification on exhibit U16 which is the clarification on the expended ammunition.
Sergeant Johnny said during cross-examination that he did not recall the 1st accused showing the footages and pictures to them.
He agreed during cross-examination that the 3rd accused told him that the 1st accused asked him to prepare a list of items he met in the store when he took over in 2011, adding that he photocopied it. He identified the list and agreed that it was the list the 3rd accused shown to him. Defense counsel for the 3rd accused, A. Koroma produced and tendered the list as exhibit AC1–3.
The witness also agreed that the 3rd accused told him that there was a dysfunctional AA gun which was dismantled and the rounds were given to him for safe keeping, adding that the 3rd accused told him of an audit done by a very senior officer from 3rd Brigade and after that audit, there was no discrepancy.
The accused persons were represented by Lawyer A. Macaulay, D. Taylor and A. Koroma, respectively, whilst the State was presented by A.V. Koroma and J.A.K. Sesay.
The trial was adjourned to Tuesday March 12, 2019.