March 17, 2016 By Hassan Gbassay Koroma
Former Director of War for the Civil Defense Forces (CDF), James Moinina Fofana, yesterday made his first appearance at the Residual Special Court for Sierra Leone to answer to allegations of breaching terms of his conditional early release from prison.
The war crime convict pleaded not guilty to the allegations, which according to the prosecution includes involvement in political activity, in breach of conditions he had agreed to prior to his early release from prison in Rwanda.
Fofana had been convicted in August 2007 of four counts of war crimes during the eleven years civil war in Sierra Leone and sentenced to six years. However, the prosecution appealed the sentence, which was extended to 15 years by the Appeals Chamber of the Special Court for Sierra Leone.
After serving a significant part of his jail term, he was released last year to complete the remaining term in his home town of Bo in southern Sierra Leone, based on conditions that he would not participate in local politics or threaten witnesses who had testified against him during the trial.
The accused appeared Hon. Justice Vivian Solomon (Judge of the Supreme Court of Sierra Leone) yesterday, who is presiding in the matter.
Brenda J. Hollis, prosecuting counsel, stated that the accused had made an undertaken, pursuant to Article 9(c) of the International Criminal Court practice direction, which he signed on 10 February, 2015 accepting to comply with the terms and agreement of his early release, including special conditions that he would conduct himself in the community and not engage in secret meetings intended to plan civil unrest or participate in local politics.
She further stated that the accused had violated condition 6.4, an application set by the Monitoring Authority and the Residual Court Registrar, by which he was obliged to be reporting to a centre in Freetown twice a month, but failed to follow the direction.
She also alleged that the accused sometime ago diverted his journey from Freetown to the northern town of Makeni, without approval from the Residual Special Court authorities.
The prosecutor had earlier applied to the judge for direction in the matter, as to whether they were to submit affidavits or present witnesses in court to testify in the matter.
However, the accused vehemently denied any wrong doing, insisting that he had been strictly complying with the terms and conditions given to him by the Court.
“I have not breached any of the conditions given to me. And I am still doing what I have been earlier told to do,” the accused told the court via an interpreter.
Defence counsel Ibrahim Sorie Yilla, assisted by Melron Nicol-Wilson and Hassan Sherry pleaded with the judge to release their client from the custody of the Special Court to continue his conditional release in Bo.
In reply, Prosecutor Hollis opposed the submission, on the grounds that the release of the accused would pose a risk for the prosecution at this stage of the trial.
Justice Vivian Solomon ruled in favour of the prosecution and ordered that Mr. Fofana remains in custody until Friday, 18 March, 2016 when she would give her ruling on whether to accept affidavits or hear witnesses’ testimony.
If he is adjudged to have violated conditions of his early release, the erstwhile Kamajor warlord will be return to Mpanga prison in Rwanda to complete his term, until 2018.