Video Evidence Fails to Justify Mayor Aki-Sawyer’s ‘Riotous Conduct’ Claim
By Edwina Sia Janga
State Prosecutor Yusuf Isaac Sesay through witness Inspector Mohammed Jusu attached at the Cyber Crime Unit of the CID headquarters has on Wednesday 2nd November 2022 before Magistrate Mark Ngegba in open court tendered and played a video of the Mayor of Freetown, Yvonne Aki-Sawyer, while she was at the police station asking officers why Councillor Turay was arrested without a warrant.
According to the video nothing was shown before the court showing that the Mayor behaved in a riotous manner or obstructing police officer’s while doing their work. The video shows that the Mayor was live saying that her councilor was arrested without a warrant at Lungi Airport when they were about to onboard on a flight travelling to New York and she asked question saying “Is this how Sierra Leone is operating now?” and people were commenting on the said video.
The prosecution witness Inspector Jusu after playing the video said in his observation the video is a live video and people were watching and commenting on the video, he added that the video capture three people the Mayor, Sergeant Coker and Councilor Turay.
Witness Jusu said he also took cognizant where the Mayor made the video as it was made at the charge office closed to the investigation room. He said in the video Sergeant Coker was holding the frame of the door and the video also capture that the Mayor was in an angry mood, adding that the councilor was nodding his head while the Mayor was speaking and at the end of the video the Mayor hissed and looking at the body language of the Councilor Turay he was in total agreement with the Mayor.
Prior to that Inspector Mohammed Jusu Cyber Crime Officer attached to the Cyber Crime Unit at the Criminal Investigation Department said he is the system and data analyst and he analyzed electronic evidence and do a report on them. He recognised the Mayor as a very senior state and respectful citizen and he recalled on 8 October 2022.
Jusu furthered that he was on duty at the Cyber Lab Office when he received a correspondence and one flash drive from Sergeant 8321 Kanu. He added that he then inserted the flash drive into the cyber lab computer discovered that it has a video having a playing Time of 1 minutes, 25 seconds and the accused inclusive other two men were capture at the video.
Inspector Jusu furthered that he then used the software call # key to check the authenticity of the video and the software help him to know that the video was not tampered with. He added that he also used a software call voice analyzer which help him to know that the voice in the video was not abused, adding that he played the said video several times to capture the wording of the accused so that he could make his observation and conclusion unbiased.
The witness furthered that he then reduced his observation and conclusion into a report which he signed on the 11th October 2022 and Sergeant 6890 also signed the said report, adding that he wishes to produce the report for identification.
At this juncture, lead defense counsel Joseph Fitzgerald Kamara objected that paragraph 1,3 and 4 of the report should be expunged because those paragraphs he stated are highly prejudicial as it does not assist the court to arrive at a conclusion.
Defence counsel added that Paragraph 3&4 of the report are contentious, highly speculative and should be backed by an affidavit.
Lawyer Kamara objected that the document should not be admissible and the Murray Man paragraph of the report should be expunged. State counsel Yusuf Sesay reply that in law the author, recipients of a document has the right to tender a document.
He said the defense is speaking about weight of the report but the witness has layed the foundation that he is the author of the document. Sesay furthered that defence will cross examined the witness on the document and they have the right to discreet the witness so that the document will not be attached to the evidence.
He said the application is premature at this stage and the defense has not convinced the court in any way for the document not to be tender, he therefore urged the Magistrate to allow the witness to tender the document as he is the author of the document.
Magistrate Ngegba over ruled the objection made by the defense and the document was tender as exhibit E1-4. Inspector Jusu continue that also stated that he will want the flash drive to be tendered before the court and defense counsel again objected that they did not know what is in the drive, adding that the prosecution ought to have served them with the report and the flash drive before been in court but they did not and stated that this is trial by ambush.
Magistrate Ngegba did not allow the prosecutor to reply to the objection but said in the interest of justice the video should be Play in court. The flash drive was tender in Court as exhibit F.
The video was play in court showing the Mayor talking that her councilor was arrested when they were about to onboard on a flight and comment were coming in whiles making the said video.
Detective Sergeant Osman Kanu attached to the Operations Unit Department at the Criminal Investigation Department Pademba Road recognized the Mayor and also know first and second witness that has testified on the matter.
He said on the 20 September 2022, he was on duty when a case of obstruction of police duties and disorderly behavior was reported against the Mayor and he obtained statement from witnesses and was able to get a video on social media.
The witness said on 29 September, 2022 he extend police invitation to the Mayor and on the 3 October 2022, he and Deputy Superintendent of police Harold Gbonda obtained cautioned statement from the Mayor by observing the judges rules.
He furthered that during the cause of interview they showed the Mayor a video originated from the crime scene and she responded accordingly. Explaining further the witness said at the end of the interview he read and explained the interview statement to the Mayor and she admitted it to be true and correct and she signed in her own hand writing.
The witness produced and tendered the original statement obtained from the Mayor dated 3 September 2022 to form part of the prosecution’s case.
In continuation of his examination in chief, the witness said on the 8 October 2022, he downloaded the video on a memory stick and send it to the cyber unit for analysis.
He said on the 11 October 2022, he received the report from the cyber unit together with the flash drive after it has been analyzed. The witness said on the 13th of October 2022 based on evidence adduce, in the company of Detective Inspector Mohamed Kargbo, they finally interviewed and charged the Mayor with the offenses of obstructing police duties and disorderly behavior.
He produced and tendered the charged statement as exhibit B 1-3. Testing the evidence in cross examination by defense counsel Joseph Fitzgerald Kamara, the witness said he has been working as a police officer for twenty years. He said during the cause of investigation he went to the Airport police post to clarify.
He also confirmed obtaining statement from the Mayor in the presence of her lawyers including lead defense counsel.
He said his engagement with first witness Fanta Fofanah and second witness Richard Junior Caulker was not putin writing but according to him, they made statements to the police. Confronted further the witness confirmed that the Mayor was aware that the councilor was arrested.
The witness in further cross examination said commissioner Lahai came in briefly to the station when the Mayor was making statements. He said he was present when both first and second prosecution witnesses went to the Criminal Investigation Department to make statement but did not have any knowledge as to whether commissioner Lahai briefed them about the offense of disorderly behavior.
He stated that he charged the Mayor based on the evidence gathered from known and unknown witnesses.
At this juncture lawyer Kamara sought for an adjournment to study the video properly and the report that has been tendered before the court, adding that he wants to have proper conference with his client before cross examined Inspector Jusu. The matter comes up today 4th November 2022 for continuation.
