You will recall that you delivered the keynote address at the opening session of the Annual Conference of the Sierra Leone Bar Association on the 4th July 2013 at the British Council, Freetown, during the course of which you made certain references to the unfortunate demise of a journalist Mr. Harry Yansaneh and its aftermath, and also to the Sierra Leone Association of Journalists.
I was tempted to take issue with you there and then, but on reflection decided against that, as you were our guest, and moreso as I was the person who had actually invited you to deliver the keynote address, I thought it would be inappropriate for me to do so then.
Now that the dust has settled, I think it is my duty as the Solicitor/Counsel who represented the family of Harry Yansaneh and the Sierra Leone Association of Journalists at the Coroner’s Inquest, to clarify the position and set the records straight.
1. Harry H. Yansaneh was Acting Editor of “For Di People” Newspaper which had its office at 1 Short Street, Freetown up to 10th May 2005.
2. On the 10th May 2005 a group of people including then Hon. Fatmatta Hassan and her children went to the building and attempted to execute an unlawful eviction of all the tenants in the building, including the staff of “ For Di People” Newspaper.
3. The tenants put up resistance to the unlawful eviction, whereupon the late Harry Yansaneh was severely beaten up, suffered several injuries, and remained hospitalized until his untimely demise on 27th July 2005.
4. Several reports were made to the Police and the media called on the Police to investigate the incident, but nothing was done.
5. By letter dated 4th August 2005 I wrote to the Attorney-General and Minister of Justice on behalf of the Sierra Leone Association of Journalists, asking for a Coroner’s Inquest to be convened, in accordance with section 7 of the Coroner’s Act Cap 9 of the Laws of Sierra Leone, which letter was copied to the Vice-President (as Chairman of the Police Council,) The Chief Justice, The Director of Public Prosecutions, and the Inspector-General of Police, among others.
6. By letter dated 15th August 2005 I was informed by the D.P.P that Magistrate Adrian Fisher had been nominated and mandated to conduct an Inquest into the death of Harry Yansaneh (Deceased).
7. The Coroner’s Inquest was conducted between the 17th and 26th August 2005, and twenty (20) witnesses testified on oath and were cross-examined. At the end of the Inquest the panel of six (6) Jurors returned their verdict in their own handwriting, inter alia, that,
“………… My Lord, in a thorough findings in the alleged death of late
Acting Editor of for di people Newspaper Harry Yansaneh, we have come to the conclusion that his death was accelerated by the beating which he suffered from the two (2) sons of Hon. Dr Fatmatta Hassan, including Reginald Bull………….. Though we cannot say he was killed by the Komeh’s and Reginald Bull voluntarily, but we are hereby saying that the death of Harry Yansaneh was an involuntary manslaughter
………………we have unanimously come to a final conclusion that the death of the former Acting Editor of For Di People Newspaper Harry Yansaneh was an unlawful and illegal death”. (Copy of handwritten
verdict enclosed.)
8. On the 26th August 2005 warrants of arrest were issued for Dr. Fatmatta Hassan, Reginald Bull and Olu Campbell, as by then her children had left the jurisdiction. There was abundant evidence that Dr. Fatmatta Hassan was present when her children beat up Yansaneh, and instead of stopping them, she encouraged them to beat him up. I am sure you are aware what that makes her in law. Furthermore there is also abundant evidence from the Police that she refused to cooperate with them to produce her children, instead she threatened them and told them she had “Parliamentary Immunity”. Needless to say, Dr, Fatmatta Hassan, Reginald Bull and Olu Campbell were granted bail and were released from prison.
9. By application dated 1st August 2006 The Law Officers Department made a half-hearted attempt to secure the extradition of Ahmed Komeh, Bai Bureh Komeh and Aminata Komeh from the United Kingdom to Sierra Leone. Nothing ever came out of that application.
10. By letter dated 14th October 2005 I expressed my frustration to the Learned Chief Justice that the law had not been allowed to take its course, and in the process confirming the
generally negative impression people have of the judicial system in the country. That letter was copied to President Kabba, The Vice-President Berewa, The Attorney-General, The British High Commissioner, The American Ambassador and several others. I never received a reply from anyone. (Copy of letter enclosed).
11. No one has ever been put on trial for the death of Harry Yansaneh, TO THIS DAY notwithstanding the verdict of the Coroner’s Jury of 26/8/05.
Before concluding this issue, I note also that you commented adversely on the naming of the “HARRY YANSANEH HALL” at the Headquarters of SLAJ at Campbell Street. So what is wrong with that ? if the association decides to name their meeting hall after one of their own, why should you have a problem with that ? Do you know how many Streets, buildings, halls and other public places have been named after other Sierra Leoneans and even foreigners? Do you want to begrudge Harry Yansaneh an honour from his peers even in death? I hope not indeed!
Those who caused or contributed to the death of Harry Yansaneh may have escaped from the claws of justice, but that is a matter of which only history, posterity, and God himself will be the ultimate judge.
Finally, I also noted with concern your tirade against foreign judges, which I thought was unnecessary and in bad taste, as there was a Gambian Judge in the audience listening to you. As far as I am aware Sierra Leone has been exporting Judges to other countries for a very long time now, and I am sure no one has insulted any of them publicly as you did. Just to mention a few, The late Justice Omar H. Alghali was Chief Justice of the Gambia; and several other Sierra Leonean Judges have sat in the Gambian Courts, and still do so. The late Justice Livesey Luke was appointed Chief Justice of far-away Botswana, and Dr. Abdulai Conteh was also Chief Justice of Belize far far away in South America. I did not hear anyone complain in those countries.
In the recent past, I remember that Judges like Sir John Muria, Justice Theresa Doherty and Justice Mary Sey did excellent work in Sierra Leone, and I wish we could get them back.
I hope that in future you will consider very carefully before making such comments in public.
Yours faithfully,
J.B.JENKINS-JOHNSTON ESQ.
July 29, 2013