LegalNews

Court Martial Sets Staff Sergeant Alhaji Koroma Free

  1. The 18th accused in the Court Martial trial involving the State versus Staff Sergeant Alhaji Koroma and 26 Others has been found “NOT GUILTY BY REASON OF INSANITY”.
  2. It could be recalled that on the 8th August, 2024, the 18th accused, Lance Corporal Abu Bakarr Koroma alias Opanday collapsed in the courtroom due to disease of the mind (Epilepsy). A Prosecution Lawyer, JAK Sesay applied for the accused to be severed from the main trial. Hence, the application was granted by the Judge Advocate, Mark Ngegba, who also ordered that the accused be taken to a medical facility for treatment.

III.  This morning, the 18th accused re-appeared before the Court Martial sitting at the Military Headquarters at Cockerill Barracks in Freetown to continue with his own trial.

  1. The Defence Lawyer for the accused, Ibrahim Bangura of the Sierra Leone Legal Aid Board made an application to the Court to return a finding of “Not Guilty by Reason of Insanity”. Lawyer Bangura told the Court that he was making the application pursuant to Section 109 of the Armed Forces of the Republic of Sierra Leone Act of 1961 as amended and Rule 89 of the Armed Forces of the Republic of Sierra Leone (Court Martial Procedure) Rules of 2003.
  2. The Defence Lawyer emphasized that where medical evidence show that an accused is diagnosed of such medical condition as insanity so as to make him UNFIT to stand trial, a finding of “Not Guilty by Reason of Insanity” should be returned, and the accused should be set free.
  3. Lawyer Bangura said the medical evidence tendered before the Court with regards the medical status of the 18th accused were NEVER sought from a private medical practitioner.

VII.  “The medical evidence includes a medical report done and certified by doctors working at the military hospital. It was based on this report that in 2022, the 18th accused was about to be retired from the military on medical grounds”, the Defence Lawyer concluded.

VIII.  The Prosecution Lawyer, JAK Sesay did NOT object to the application made by the Defence Lawyer. Lawyer Sesay said the medical evidence with regards the medical status of the 18th accused were clear. “The accused is indeed insane; hence, a finding of ‘Not Guilty by Reason of Insanity’ should be returned”, the Prosecution Lawyer agreed with the Defence Lawyer.

  1. Delivering his finding, the Judge Advocate, Mark Ngegba said having heard from both the Prosecution and Defence Lawyers on the issue and the certified medical evidence before the Court, the 18th accused was found “Not Guilty by Reason of Insanity”
  2. The 18th accused, Lance Corporal Abu Bakarr Koroma alias Opanday was charged with seven (7) counts of Murder, Conspiracy to Commit Murder, Mutiny, Conspiracy to Commit Mutiny, Failure to Suppress Mutiny and Conduct to the Prejudice of Military Discipline.
  3. Below is a summary of the findings and sentences of the 27 military personnel during the trial:
  4. One (1) pleaded “GUILTY” to nine (9) count charges on arraignment before the Court. The Prosecution dropped the remaining 11 count charges. He was given a maximum jail term of 30 years.
  5. One (1) found “NOT GUILTY” of all the six (6) count charges at the end of the trial on 9th August, 2024. Hence, he was acquitted and discharged.
  6. Twenty-four (24) found “GUILTY” of all their various count charges at the end of the trial on 9th August, 2024. Hence, they were sentenced to various maximum jail terms ranging from 50 to 120 years.
  7. One (1) found “NOT GUILTY BY REASON OF INSANITY” at the end of a separate trial on 20 August, 2024. Hence, he was set free.

XII.  By the powers vested in him, the Court Martial President, Captain (Navy) Lawrence Jabati announced that the said Court has been DISSOLVED.

XIII.  The next Court Martial will be constituted in September, this year to try a total of 13 military personnel (and not 15 military personnel as reported in our Episode 2 on 19th August, 2024. Our apologies).

NOTE: “Captain (Navy)” is a very senior rank in the NAVY. It is equivalent to “Colonel” in the ARMY or “Group Captain” in the AIR FORCE.

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