AYV News, June 26, 2024
Hon. Justice Komba Kamanda has ruled against the No Case Submissions made by attorneys of the accused persons in the ongoing Treason trial involving Amadu Koita Makalo and 11 others at High Court Number 1 in Freetown.
Sufficient evidence adduced by the Prosecution according to Hon. Judge Komba Kamanda established a prima facie case, and an overt act to overthrow the democratically elected government of President Julius Maada Bio on November 26, 2023 hence; a justifiable reason for the trial to proceed for all 12 accused persons including 8th accused Bai Mamoud Bangura on all 20 count charges to wit Murder, misprision of treason among others.
All 12 accused persons were put to their election insofar as it relates that No Case Submission is not statutory rather a Common Law provision which when it fails, the accused must be put to their election on three options;
- To rely on statement made to the police,
- To make unsworn statement from the dock where the accused is not cross examined by either the Trial Judge, the Prosecution and Jury albeit, it carries less weight, and
- To give evidence from the witness stand on oath where the accused is allowed to call witnesses notwithstanding, such statement would be cross examined by the Trial Judge, the Prosecution and Jury.
All 12 Accused Persons chose the third option. The Prosecution will now open its Case.
In a related development, Lead Prosecutor, A.J.M Bockarie made an application to the Trial Judge, Hon. Justice Komba Kamanda for a separate trial of 8th accused Mamoud Bai Bangura on grounds of ill health made pursuant to Section 148(3) of the Criminal Procedure Act No:32 of 1965.
An Order was canvassed to direct that the trial of the 8th accused person for counts 1, 2, 13 & 14 be separated from the rest of the accused persons and for his name to remain on the indictment.
With no objection to the application by Lead Defense Attorney, Ady Macaulay, Justice Kamanda ruled in Favour of the Application for a Separate Trial of 8th Accused Mamoud Bai Bangura and for his name to remain on the indictment.
Matter for the remaining 11 accused persons has been adjourned to Monday 1st July, 2024.
