On Monday, 15 June 2020, Lawyer Abdulai O. Conteh, lead defence counsel in the ongoing treason trial has informed the presiding judge, Justice Momo-Jah Stevens that his court has been robbed off the jurisdiction to sit on the matter. Lawyer Conteh made this statement while making a no case submission on the matter between the state and Rtd. Major Alfred Palo Conteh, and two others.
He told the court that the prosecution presented a defective fiat to the court without stating any fact in it, and that the fiat holds the heart of the matter- “but the Attorney General has denied your court the jurisdiction because there are no facts submitted in the fiat, hence the first accused has no case to answer.” Lawyer Conteh said there is also no overt act to which they should have directed their defence. “We are handicapped. Treason must be tried in accordance with the law,” he noted.
Lawyer Conteh also mentioned that they would have loved to put the first accused in the witness stand but the court lacks the jurisdiction to sit on the matter, adding that they waited for the prosecution to correct their mistakes during the proceedings, but they did not and the matter should be dismissed to allow the prosecution to do the needful.
He furthered that this is the first treason case in his years of practice where there is no count of conspiracy in the indictment. Lawyer Conteh added that to commit treason it has to be two or more people to overthrow a sitting government. “I don’t believe Sierra Leone is fragile for one man to overthrow. We are not governed by a Mickey Mouse government, the first accused cannot conspire with himself or be a Rambo in a Movie,” he maintained.
Lawyer Conteh also stated that the prosecution has failed to prove that the first accused has any intention to commit treason and that a State House security officer has testified that the first accused voluntarily handed over his weapon to the desk officer.
He added that the head of presidential guard, Colonel Kposowa also told the court that the pistol of the first accused was not ready, adding that the investigator in the case had also informed the court that they investigated the first accused for unlawful possession of weapon in a prohibited area and the treason charge came from the law officers department.
Lawyer Conteh told the court that being found with a loaded pistol at State House does not constitute treason, and such cannot be found in any law. He further informed the court that the case of the prosecution is weak and called on the judge to stop the case from going to the jury. In her response, Priscilla Schwartz, Attorney General and Minister of Justice stated that the defence no case submission is unarguable in law, lacks merit and does not reach the threshold of a no case submission.
She noted that the judge had earlier ruled on the issue that has to do with fiat and the defence has no right to bring it up again. He said the first accused having a loaded pistol constitute preparation to overthrow. She added that the defence no case submission cannot hold and that the judge must allow the mater to be tried by jury.
The matter has been adjourned to Tuesday 16 June 2020 for next hearing.
