Sierra Leone News: Court Martial: Witnesses Tender Weekly Arms and Ammunition Returns as Exhibits
By Stephen V. Lansana
The prosecution witnesses in the ongoing Court Martial trial on Tuesday January 22, 2019 tendered weekly back-loaded documents of arms and ammunitions received from the three accused persons.
The accused, Captain Patrick E. Kamara, 1st accused; 2nd accused, Warrant Officer Class 1, Samuel Conteh; and 3rd accused, Warrant officer 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.
The eighth prosecution witness, Captain Bockarie Aruna is attached to the Joint Force Command of the Joint Logistics Unit in Murray Town in Freetown. In his examination in chief, he said as part of his duties, “I do collate the weekly arms and ammunitions returns”.
He said that the arms and ammunition return is a document that has arms and ammunitions records that are held by the formations battalion units.
He testified that the returns are prepared in a form, and that the form has columns bearing serial numbers, quantity held in store, status and remarks columns.
Explaining the procedure in collecting arms and ammunitions from the unit, he said, “It is the responsibility of the commander in charge of arms and ammunitions to prepare the forms on a weekly basis. The documents are sent to the unit higher headquarters. The higher headquarters then forward the returns to Headquarters Joint Force Command.”
Testifying on how he collate the returns, he said that they have a system in which they compare the previous returns to see if there is a difference or not.
“Once that is done, the deputy chief of staff will instruct us to put the records together and we will later send it to the ministry of defense,” he said.
He recalled receiving returns from the former Joint Presidential Guard Force. He said that he knew the officer that prepares it because the officer’s name is indicated on the form.
He recognized that returns he received in March 2018, and he produced and tendered it and it was marked as exhibit G1–3.
Explaining about exhibit G3, he said that exhibit G3 is showing weekly arms and ammunition returns of the Presidential Lounge as of 28 March 2018. “By indication, this return was prepared by the first accused person and was counter signed by Lieutenant Col C.JM Yamba at headquarters, Third Infantry Brigade. Exhibit G3 captures ammunition holdings hill station and the second column records ammunition type,” he testified.
“This tells us the type of ammunitions held in store by the Joint Presidential Guard Force (JPGF) as at that period,” he said.
He added that the fourth column titled serviceable and unserviceable. He explained that when ammunition is classified as serviceable, it implied that the ammunition is capable of producing the required effect for which it was manufactured, adding that the unserviceable is the opposite of serviceable.
He said that serial number nine of exhibit G3 under the column ammunition type, indicated 12.7mm of AA rounds and the quantity reported is 835 rounds, adding serial number ten of exhibit G3 records 14.5mm AA rounds and the quantity is 1172 rounds. “I collated the information on exhibit G3 and compared it with the previous returns, and I find out that the information on the previous document is the same,” he said. It was certified that there was nothing wrong with the returns.”
During cross-examination, defense counsel for the 1st and 2nd accused, Ady Macaulay Esq. asked whether the witness is aware that the JPGF usually involves in training on live firing.
Captain Aruna said that it’s a common practice for every units to engage in training within a year.
Asked whether he was aware that the JPGF between 2008 to 2018 involved in test firing. Captain Aruna said he cannot ascertain.
On this returns, he said, “I did not receive the items because we do not receive items. We only receive document [returns].”
Speaking about exhibit G1, he said, it’s a weekly arm and ammunition returns dated March 29, 2018. “This document tells us that it’s a true copy of arms and ammunition returns held by JPGF as of that date.
Asked whether there is any physical verification of ammunitions, Captain Aruna said yes, it is part of their practice.
Asked if he is aware of any missing ammunition since he has started working in the logistics unit in 2003, he said he is not aware of any missing ammunition.
Defense counsel for the 3rd accused, Lawyer Koroma asked the witness whether he was aware of a nationwide check after the ammunitions were discovered; Captain Aruna said he is aware.
He said he is aware that a report was written after the check.
He said that he is not aware that the report stated that there is no missing ammunition in the Republic of Sierra Leone Armed Forces because he was not part of the team that prepared the report, adding that he does not hear anyone saying that there were no missing ammunitions.
The ninth prosecution witness, Staff Sergeant Alpha Turay is the Account Clerk at the Supply Services Squadron of the Joint Logistics Unit. His duty is to receive and issue ammunitions as ordered by Commander of Joint Force Command (JFC).
He said that he knew the first accused when he came to back-load ammunition at the supply services squadron, Joint Logistics Unit.
He said, “On April 7, 2018, I received back-loaded ammunition from the JPGF.
He explained, “I was on duty on this day when the 1st accused, Captain Patrick Edwin Kamara, and his men, accompanied by Brigadier A.Y. Kargbo came with ammunitions. They went to our boss and told him that they have ammunitions to backload. After that, our boss called the former OC Major Manty Dabor. But before receiving the back-load ammunitions, we asked if they came with the initial 10:33 issue voucher, but they said no. I informed Major Manty that there is no supporting document for the back-load. So, Major Manty asked me to check it physically and prepare the certified receive voucher (CRV).” Thereafter, “me and the 1st accused checked the items to see that what he brought is the exact amount. After checking it, I then stamped and signed it. I gave the duplicate copy to the 1st accused whilst I keep the original copy.
He produced and tendered the CRV and it was marked as exhibit H. He said that the designation column in exhibit ‘H’ shows that name of the item to be back-loaded. “I received 3000 AA rounds of 14.5mm and 4920 AA rounds of 12.7mm. I verified this with the 1st accused. Both of us checked it physically and it was certainly confirmed,” he testified. “I verified all other items that the 1st accused brought before issuing receipt.”
He added, “Between March and April, I did not issue anything to the former JPGF.”
During cross-examination, defense counsel, Ady Macaulay asked whether he counted each ammunition before issuing it, he said if the box is sealed, he will rely on the quantity written on the box and then count the loose ammunition.
Lawyer Macaulay requested that that the State prosecutors should give them every issue vouchers, including all exculpatory and incubatory materials.
PW9 testified that there were two back-loads made on two different date, adding that the second back-load was not received by him.
Defense Counsel for the 3rd accused, A. Koroma, asked whether what he received is the same with what he issued, the witness said that it does not tally with the back-load.
Asked how he arrived at the conclusion, he said they check the entire initial issued voucher received.
The tenth Prosecution witness, Warrant Officer Class 2, Abu Bakarr Mansaray was the material manager at the Joint Logistics Unit.
Explaining about procedure for backload, he said that backload is done either because it is unserviceable or the purpose for which it was issued has been cancelled.
“Is either you return the items with the 10:33 issue voucher. But if it is not available, then you will prepare one. But there must be a supporting document to show for the backload. The recipient and the person who brought the returns should check it properly for their serviceability. Once this is done, the recipient will then prepare a certified receive voucher,” he said.
He said that “On April 24, 2018, I received back-loaded items from the former JPGF. Those items were back-loaded by the 3rd accused. The items were not returned with the initial issue voucher, but he prepared a voucher for that particular consignment.
He added, “The 3rd accused was coming with the items in bit. The items were properly checked and the items listed on this paper were correct. I was certified with the check and I then signed and received the items.”
He produced and tendered the signed issued voucher and it was marked as exhibit J.
“I received 835 AA rounds of 12.7mm and 1172 AA rounds of 14.5mm.
During cross-examination, Ady Macaulay asked whether he has come across manufacturer defect, but the witness said that he has never come across it.
Defense counsel A. Koroma asked whether the 3rd accused told him that he returned other ammunitions to the 3rd brigade, the witness said the accused did not tell him.