Defence Counsel Seeks Amendment In Treason Trial
By Fatmata Mohamed Bangura
Defence Counsel for Bai Mahmud Bangura and 11 others, Lawyer Musa Pious Sesay has expressed dissatisfaction with the State Counsel application in the Treason Trial before Justice Komba Kamanda of the High Court of Sierra Leone.
Lawyer Sesay submitted for an amendment to the alleged Treason trials against Amadu Koita Makole and 11 other accused persons.
The State Posecutor Lawyer Ahmed James M. Bockarie applied for an amendment to the indictment date January 10th, 2024 citing Section 148, sub section 1&2 of the Criminal Proceedings act No. 32 of 1965.
He argued that the amended involving the insertion of the Overt Act was within legal bounds and would not prejudice the accused persons.
In response Lawyer Afericanus Sorie Sesay representing the defence counsel said that they were not given prior notice of the proposed amendments.
He requested an adjustment date to confirm with his client Bai Mahmud Bangura to determine their next steps, emphaszing to express the complex issues raised by the State Prosecutor.
Lawyer Musa Pious Sesay supporting the defence prosecutor said that they were taken by surprise and requested an adjournment based on Section 23 of 1991 Constitution sub section 4 paragraph b & c which speaks to fair trial and adequate time for the defense to prepare.
In response Lawyer Bockarie contested the application saying that the section cited by Lawyer Pious Sesay did not exist in the 1991 constitution.
He also addressed the defence claim of not being served with indictment asserting that Section 148 does not mandate such service.
Justice Komba Kamanda after considering the arguments for both sides said that the application for the amendment was made at an appropriate stage and time.
He emphasis that the amendments did not introduce any new change and would not result into injustice.
The judge granted leave to the prosecution to amend the indictment and ordered them to serve and file the amendments indictment on all accused persons by 1 pm on February 2nd 2024.
The matter was adjourned for 7th February 2024.
