In a significant ruling at High Court Number 1 in Freetown, Justice Komba Kamanda has dismissed the No Case Submissions presented by the defense attorneys in the ongoing treason trial against Amadu Koita Makalo and 11 others.
The court found that the prosecution had provided sufficient evidence to establish a prima facie case, including actions indicating an attempt to overthrow the democratically elected government of President Julius Maada Bio on November 26, 2023.
Judge Kamanda’s decision allows the trial to proceed on all 20 charges, which include murder and misprision of treason, against all 12 accused individuals, including the eighth accused, Bai Mamoud Bangura.
The judge emphasized that the No Case Submission is a common law provision, not a statutory right. As such, the accused were given three options: to rely on their police statements, to make an unsworn statement from the dock, or to give evidence from the witness stand on oath.
All 12 defendants opted for the third option, indicating their intent to present sworn testimony and call witnesses.
In a related development, lead prosecutor AJM Bockarie requested a separate trial for the eighth accused, Bai Mamoud Bangura, due to health concerns.
This application, made under Section 148(3) of the Criminal Procedure Act No: 32 of 1965, was granted by Justice Kamanda, with no objections from lead defense attorney Ady Macaulay.
As a result, Bangura’s trial will be conducted separately on counts 1, 2, 13, and 14, though his name will remain on the main indictment.
The trial for the remaining 11 accused has been adjourned to Monday, July 1, 2024.
