Detective Inspector Joseph Abubakarr Sanu, forensic fire arms and ballistic expert at Sierra Leone’s scientific support unit at the Criminal Investigations Department has testified in court as the eleventh prosecution witness on Wednesday 3rd June, 2020.
Sanu who said he has been a ballistic expert since 2008, told the court he recalled 30th March 2020 while on duty one Detective Inspector Aminata Kamara submitted specimens on behalf of detective superintendent Mohamed K. Alieu for expert examination.
He furthered the specimens that were handed over to him includes ten live rounds magazine, one black Gluck 17 pistol with serial number BFEF 234, one black Gluck 21 pistol with serial number MUX 841 and two magazines. Sanu mentioned that the specimens were given to him in a bid to find the origin of the two pistols.
He told the court he examined the general operations of the said fire arms and found out that both pistols (Gluck 17 and 21) were not cleaned since last fired, and the Gluck 17 was from Austria but the Gluck 21 does not have a country of origin and does not have a proof mark. He said in terms of operation the Gluck 21 pistol produces a bigger sound than the Gluck 17 and that the Gluck 17 is easier to operate than the Gluck 21.
“Gluck 17 can be used conveniently with one hand but it {strains} to use the Gluck 21 with one hand,” he added.
Sanu explained that firing a Gluck takes seconds because it does not have an external safety mode but internal, and both pistols fires at 50 meters in terms of range.
Defence Lawyer, Joseph Fitzgerald Kamara objected that the witness has testified as ballistic expert but his credentials has not been tendered in court and that the defence was not noticed about the said witness. He added that the court should have determined if the witness is an expert or not before he testifies because what the witness has told the court could be seen on Wikipedia.
“The entirety of his evidence is of no value and his evidence must be expunged, and let the prosecution go home and do their work again,” he pointed out.
In response, Lawyer Adrian Fisher said the defence was served with the ballistic report, and there is no specific legislation that says a trial judge can determine the credentials of a witness, adding that the ballistic expert is the only witness that has testified with his credentials in his evidence.
Presiding Judge, Justice Momo-Jah Stevens ruled that there is no specific legislation in the Criminal Procedures Act (CPA) that supports Lawyer Kamara’s argument adding that the government’s pathologist, Dr. Simeon Owizz Koroma has testified before his court based on opinion.
He ordered that they do a Voir dire (trial within trial) on the witness’s credential which was done by Lawyer Africanus Sesay. Earlier, Lawyer Kamara informed the court that the accused persons are not allowed to exercise or see the sunlight after being taken from court to the correctional centre.
He also complained that their mobile phones were taken from them before entering the court room but the prosecution were allowed to use theirs.
Sierra Leone’s Attorney General (AG) Priscilla Schwartz informed the judge that she is using her phone because she wants to multi task as lead counsel and Attorney General of the state, adding that she wants to be attending to state issues while in court.
The Judge informed the defence that it is his order that no one should enter with phone in the court room but later granted permission to Joseph Fitzgerald Kamara from the defence and the Attorney General from the prosecution to use their phones.
Justice Stevens also ordered that all prisoners should be treated the same based on the laws of the Correctional Centre and that no prisoner should be given preferential treatment.
