On Friday, 19 June 2020 the defense team in the ongoing treason trial between the State, Rtd. Major Alfred Palo Conteh and two others opened their case as the prosecution closed theirs last Monday after leading in evidence thirteen witnesses.
In his opening address to the jury lead counsel for the first accused, Dr. Abdulai O. Conteh told them that they should understand that the burden of proof rests with the prosecution, to show that the accused persons are guilty of the offences charged against them. He said evidences that have been tendered by the prosecution did not implicate his client or justify any of the seven count charges on small arms that was levied on his client.
On the two counts of perjury, Lawyer Conteh told the court that there is no side in the application form for the registration of small arms that says one should swear to an oath and that was confirmed by head of the license Bureau at the Small Arms Commission. He said the prosecution said his client lied that he has not been convicted or charged on any crime but evidences led by the prosecution confirmed that no charge has been levied on him nor has he been convicted of any crime.
He furthered that the laws of Sierra Leone does not say if a gun is found in the possession of someone at State House he is guilty of treason and that the prosecution did not lead any evidence that says his client has the intent to commit treason. He said his client went to State House with no malicious intent but to answer to a call of national duty.
Lawyer Conteh also told the jurors that the head of the Presidential Guard earlier testified in court that there is a Close Circuit Television (CCTV) at State House but the footage of the said CCTV has not been given to the defense – “the footage would have shut us up,” he said. “I leave it to you the members of the jury to decide without that vital evidence.”
Speaking on the issue of CCTV Attorney General, Priscilla Schwartz objected that the defense should not talk about the issue of CCTV because the jurors were not around when the said issue was raised and the defense are presenting it as if they have footage and did not want to give them. Justice Momo Jah Steven told the AG that he has noted her objection but asked that the defense to continue with their address.
Lawyer Conteh called the first accused into the witness stand to testify.
Dressed in a blue-black suit, light blue shirt complete with a blue tie, and black and white prescription glasses, Major Alfred Palo Conteh walked confidently to the witness stand and raised his right hand with a bible in it as he took the oath to testify.
Led in evidence by Lawyer Conteh, Palo told the court that he served as Defense Minister from 2007 to 2014, Chief Executive Office for the National Ebola Response Center from 2014 to December 2015, and later internal Affairs Minister of which he was moved to the defense ministry as head in early 2018 till after the general elections.
He said all of his security guards were withdrawn as Defense Minister after the 2018 elections which breaches the norm and practices that was previously accorded to people who had served in that capacity. “All former ministers, deputies and seniors officers will have at least one security officer after their tenure in office,” he said.
Palo said he decided to acquire a personal weapon for his protection because of the lack of security and as former minister of defense he was attacked and while he was internal affairs minister he decided to wage a war on indiscipline by taking on the gangs (Cliques) and he also challenged the Okada riders to bring sanity to stop accident and stop them from entering the Central Business District.
He said he also enforced the road traffic regulations which required Okada riders to wear helmet and it was based on the threats he has been receiving from the said groups that pushed him to secure a personal weapon.
Palo said he made his first visit to State House after the elections on 16th March 2020, and that was after he received a call at 12 midday from the Minister of Finance, Jacob Jusu Saffa that the President is inviting him for a meeting at state house by 3pm on the same day in relation to the fight against COVID 19.
“I was excited to meet the President for two reasons. Firstly, I saw it as a recognition of my work in the last government. Secondly, and more importantly this is a pandemic that {intends} to sweep the entire world and I will protect Sierra Leone, the nation I love,” he maintained. Palo said he arrived at State House by 2:30 pm and he was recognized at the main gate of State House and his name was ticked and waved in.
He told the court that at the time he arrived at the car park of State House there was nobody and he left his brown leather bag which contained his pistol on the back seat of his vehicle and went in to state house via the reception and later accessed the second floor where he was directed to wait in the office of the State Chief Of Protocol (SCOP).
Palo said he was later asked to go to the conference room where he met other invitees including the Minister of Health and Sanitation, Alpha T. Wurie and Chief Minister, Professor David Francis and people that he was working with at the NERC – “few minutes later the president walked in and the meeting commenced.”
He said the president told him he invited him and the Ebola team for them to share their experience in the fight against Ebola in which he later commended the president for the invitation and told him he will give his 110% support to the fight for free without collecting any salary or allowance, because he believes this is a national fight.
He said the President later gave directives to the Minister of Health to convene a meeting of all stakeholders and that within 48 hours they should draft a strategy for the fight against COVID-19.
He said after the meeting at state house he received calls from various sects of people who commended his decision and a hand full of them who were not convinced that he should be part of the team- “but I decided as a committed patriot that Sierra Leone should be first.” On 17 March 2020, Palo said he was asked to travel with the team with a hired Boat to the Lungi International Airport to put in place protocols with regards disembarking passengers visiting Sierra Leone and also to visit a hotel in Lungi where passengers were quarantined and they were complaining about their amenities. He said on their arrival most of the issues were sorted and they returned to Freetown at 8pm the same day.
On Thursday 19 March, Palo said he received another call from his former Chief of Staff at the NERC, Major General David Taluva that the draft document was ready for presentation and other dignitaries were invited at a meeting with the president by 9am and he should be in attendance. He said when he drove to the car park of state house four to five boys started chasing his car and one of them told him they want to wash his car which he accepted. He said because of their presence around his car he decided to take along his brown bag containing his Gluck 17 pistol with him.
Palo said upon entering State House at the first floor he bypassed the scanner and the metal detector and moved straight to the security desk where he met a lady and a guy who he gave his brown leather bag but one of them told him to take it along, “but I informed them it contained my pistol and it was taken away from me and they allowed me to go upstairs with no alarm raised … no one escorted me, no one challenged me, no one said a word to me,” he said. Palo burst in to tears, bowing his head and was asked to sit down by the judge for a few minutes before he continued with his testimony.
Palo said he was later directed to the SCOP office on the second floor where he met Major Taluva, Sidi Yayah Tunis and Steven N’Gaojia. He said about an hour later the Head of the Presidential Guard, Colonel Kposowa entered into the office holding the brown leather bag with other security officers including Detective Superintendent M.K Alieu. He said Colonel Kposowa asked him if he is the owner of the brown bag that has the weapon in it and he answered yes, stating that that is his personal weapon and he voluntarily declared it at the reception – “that was why I left it down stairs.”
He said Colonel Kposowa took out the magazine and counted the rounds in it which was ten, and he told Colonel Kposowa that he has a license for it and while Kposowa was holding the bag he unzipped it and took out the license that was issued by the small arms commission on March 2020 to expire in March 2021.
Palo said Colonel Kpossowa then told the other people inside the room that what happened in the room should not be broadcasted on social media and he was informed him that he would not be attending the meeting with the president and he would be interviewed by the police and his bag was handed over to Superintendent Alieu and team.
He said he was taken to a small room at State House where he was interviewed on an allegation of unlawful possession of fire arm in a prohibited area, and was released after the interview to go home.
“I went to the car park, jumped into my car and left the grounds of State House disappointed and deflated because of what happened,” he maintained. At around 5pm the same day, Palo said he received a call from Superintendent Alieu called and asked him to return to the Criminal Investigations Department to pick up his brown bag and pistol.
On his arrival Palo told the court, Superintendent Alieu left him in one of the offices and returned after 10 minutes informing him that his bag and weapon would be given to him after they have spoken with the Inspector General of Police the following day. On 20 March 2020, Palo said Superintendent Alieu went to his house with Armed OSD officers with a search warrant informing him that they want to search his house. “My house was searched but nothing of police interest was found” but they left with his personal computer “and I was invited to the CID Headquarter.”
He said he was interviewed for the second time on the same allegation at the CID, and that Superintendent Alieu brought out an arrest warrant and he was locked up at the CID and the next day he was moved to Pademba road correctional centre. On 24 March 2020, Palo said he was interviewed on the same allegation but the charge of treason was added during his interview on 26 March 2020.
“My response to the treason charge was God forbid. And on the final interview when the same charges were put to me I told them they are baseless and untrue,” he maintained. Palo put his right hand on his chest and said; “I have no grudge against my President, I have no animosity against my President, I have no {bad} intention or whatsoever against him. With more than 40 to 50 security officers at State House who have machine guns and other weapons, how can I take a Gluck 17 pistol and enter State House with intent of committing treason? Only a mad man can do that and not a trained military officer like me. It is suicidal. I would not have come out alive.”
Palo said his weapon was not loaded because he never allowed the magazine to go fully into the compartment because the Gluck 17 and 21 does not have the normal safety catch that most guns have and the finger might mistakenly touch the trigger and the weapon would accidentally discharge. He told the court that a weapon is only loaded when it is cocked and a round has entered into the chamber- “the Gluck 17 magazine that was tendered still has the ten rounds in it and not otherwise.” The Matter has been adjourned to Tuesday 23rd March 2020 for next hearing.
