Following the long drawn out investigations by the police in connection to the alleged illegal landing of a Cessna plane at Sierra Leone’s international airport at Lungi in July 2008 suspected to have been carrying substances believed to be cocaine, a warrant of arrest was finally issued by Judge Nicholas Browne Marke on Tuesday, 9 December 2008 and was instantly executed by the police, albeit almost five months since the incident took place. The accused were all arrested at the Central Maximum prison at Pademba Road, having been held in custody whilst standing trial for offences of Unlawful possession of small arms; Unlawful entry; Malicious damage to the perimeter fence; Unlawful landing; Conspiracy for unlawful landing; Conspiracy to pervert the cause of justice; and Conspiracy to aid the escape of fugitive offenders with the aim of perverting justice; all contrary to the laws of Sierra Leone.
After their arrest, a seven-count indictment was proffered and include the following: Importation of a prohibited drug without lawful authority contrary to Section 7(b) of the National Drugs Control Act No. 10 of 2008 (as amended); Accessory before and after the fact to importation of a prohibited drug without lawful authority contrary to law; Misprision of felony contrary to law; Possession of a prohibited drug without lawful authority contrary to Section 8(a) of the National Drugs Control Act No. 10 of 2008 (as amended); Conspiracy to import a prohibited drug without lawful authority contrary to law; and Knowingly and wilfully displaying a false mark on an aircraft contrary to Section 57(1)(b) of the Civil Aviation Act No. 2 of 2008. However, although all the accused are being prosecuted in connection with the same incident, they are charged separately on different counts.
Appearing in Court on Wednesday, 10 December 2008, the lead prosecuting counsel, Principal State Counsel, Gerald Soyei, made an application for leave to the Presiding Judge in order for the prosecution to be allowed to call formal witnesses, all police officers, for the identification of accused persons pursuant to Rule 10 on Indictment. His Application was granted and he called three witnesses who took to the witness stand one after the other where they were sworn on oath. After the usual protocols – name of witness, address, profession, designation, etc – they were led in evidence by the prosecution.
The First Accused, George Aritstizabel Archilla, was charged with importing a prohibited drug; conspiring to import drug without lawful authority; importing and possessing a prohibited drug; misprision of felony; and knowingly and wilfully displaying a false map on an aircraft; all contrary to the laws of Sierra Leone. After responding to questions from the prosecution about the warrant of arrest, the Prosecution Witness, Detective Police Constable 5927 Ibrahim Kamara, attached to the Criminal Investigations Department Headquarters in Freetown was asked: “Is the person, George Aritstizabel Archilla, whose name appear on the warrant of arrest, having been tendered as an exhibit, and whose name appear in the Indictment, now before this Honourable Court?” He answered in the affirmative and went on to identify the accused in the dock. The same charges were also proffered for the Second and Third Accused, Victor Manuel Araujo Lastreto (Jr) and Julio Cesar Morales-Cruz respectively; and the same protocols observed.
A different indictment was however, proffered for the Fourth Accused, Mohamed Bashil Sesay, (aka.) Ahmed Sesay. He was arrested at the Pademba Road Prison on Tuesday, 9 December 2008. The Statement of Offence for the said accused read: Conspiracy to import a prohibited drug; and Accessory before the fact of importing a prohibited drug. An accessory before the fact, according to Black’s Law Dictionary Seventh Edition, is a person who assists or encourages another to commit a crime but who is not present when the offence is actually committed. The same charges were proffered for the Fifth, Sixth and Seventh Accused, Hassan Karim Sesay, Patrick Moriba Johnson, and Chernoh Momodu Bah respectively and the usual protocols in the preceding paragraphs were observed.
The Eighth Accused, Harvez Steven Perez, who was the First Accused while standing trial for offences relating to the current indictments in the Magistrates’ Court presided over by Tarawallie Deen, was also arrested at the Pademba Road Maximum Prison at around 17:40hrs on Tuesday, 9 December 2008. He stands charged on two counts: Conspiracy to import a prohibited drug; and Accessory after the fact of importing a prohibited drug. Black’s Law Dictionary Seventh Edition defines Accessory after the fact as an accessory who knows that a crime has been committed and who helps the offender try to escape arrest or punishment. The Ninth Accused, Gerardo Quistana Perez, was also charged with the same offence and the same protocols observed.
Another Prosecution Witness, Detective Police Constable 5644 Claude Brima, attached to the Criminal Investigations Department Headquarters in Freetown was the next to take the witness stand. After answering to questions from the prosecuting Principal State Counsel, Gerald Soyei, about the warrant of arrest, he identified the Tenth Accused, Yeimy Fernadezleandro, who was indicted on two counts: Conspiracy to import a prohibited drug; and Accessory after the fact for the importation of a prohibited. As in the preceding cases, same protocols were observed.
The Eleventh, Twelveth, Thirteenth, Fourteenth, Fifteenth, and Sixteenth Accused, Alex Romeo, Ibrahim Mohamed Manley, Badara Allieu Tarawallie, Ebenezer Adetunji Macauley, Alimamy Kabia, and Sajoh Sarr respectively, were all charged for: Conspiracy to import a prohibited drug; and Accessory after the fact for the importation of a prohibited drug. They were all arrested on Tuesday, 9 December 2008, at the Pademba Road Prison on warrants of arrest signed by the Presiding Judge Nicholas Browne Marke and executed and endorsed by Detective Police Constable 5644 Claude Brima attached to the Criminal Investigations Department Headquarters, Government Wharf in Freetown. They warrants were all tendered as exhibits in Court.
The Seventeenth and Eighteenth Accused, Martha Pinieres and Mohamed Musa Kamara respectively were indicted on different counts. The former, the only female amongst the accused, had only one charge proffered against her: Conspiracy to import prohibited drug; while the latter was charged on two counts: Conspiracy to import prohibited drug; and Accessory before the fact to import a prohibited drug. The Third Prosecution Witness was Detective Police Constable 7964 Adama Kanu, attached to the Criminal Investigations Department Headquarters. From the witness stand, she identified the Seventeenth Accused as the person whose name appeared in both the warrant of arrest and the Indictment. She then, before being released from the stand, tendered the warrant of arrest as an exhibit. The Eighteenth Accused was identified by Detective Police Constable 5644 Claude Brima, attached to the Criminal Investigations Department Headquarters, Government Wharf in Freetown. He also tendered the warrant of arrest as exhibit before the Court.
The defence comprised of Crispin F. Edwards representing the First, Thirteenth, and Fourteenth Accused; James Fornah-Sesay representing the Second, and Eleventh Accused; S.K. Koroma representing the Fifth, Tenth, and Seventeenth Accused; Roland S. V. Wright representing the Fourth Accused; Solomon A. J. Jamiru representing the Third Accused; David B. Quee representing the Seventh Accused; A. Manley-Spaine representing the Sixth Accused; Easmon Ngakui representing the Twelveth Accused; M. S. Turay representing the Eighth, Ninth, Fifteenth, and Sixteenth Accused; and M. Sesay representing the Eighteenth Accused.
The lead prosecuting counsel, after consulting with the Director of Public Prosecutions, Oladipo Robin-Mason, respectfully requested for an adjournment; a date to be set by the Court for the commencement of the actual trial. The Application was granted; they presiding Judge ordered that copies of Indictment should be served on the defence seven days before the date of trial.
The defence counsel for the Sixth Accused, A. Manley-Spaine, most respectfully asked for the sitting Judge to give considerations for bail applications on the adjourned date which the Judge promised to give. He however, cautioned the defence, especially those representing foreign nationals to adequately substantiate their applications for bail. He went on to state that it should go more than merely stating that they had very reliable sureties that were prepared to meet whatever bail conditions that the Court might be predisposed to impose. Such applications were very likely not to be successful. He concluded by adjourning the said matter for Monday 22 December, 2008.