By: Hafsatu Z Bangura
In continuation of his Cross examination by lawyer Pa Momoh Fofanah Alie Kabba said he was the one who created the Havoc committee because he was frustrated about the building project.
He said he visited the building in April 2021 after meeting with the neighbors following series of complains and threat of law suit against the government.
He continued that in March 2020 he set up weekly regular meetings with the contractor to ensure that the delivery of goods they promise him were done accordingly but as he testified before the court he said the memorandum that was signed was later destroyed.
Alie Kabba continued that the committee stop functioning immediately Mrs Bangalie issued a Memo to all ambassadors as the former memo was not inconsistent.
Exhibit AAS1-3 he said was the new Memo and it is dated 1 July 2020.
He continued that the reason for him setting the Havoc committee was that when he went to the Chancery building in September 2018 he discovered that there was no work been done by the first accused and the contractor, for the president to officially commission the Chancery building.
He furthered that after the hunger session he decided to focus on the delivery of goods that the contractor promised him and he insisted on a work plan of the contractor through the first accused, adding that the work plan consist of funds.
He said funds were available to the mission but cannot recall the amount and he received a statement from the first accused that money was sent for the Chancery project.
He said the money for the building came from capital just like all other monies.
He said the vocal person for the project was the first accused as the contractor was dealing with him because he was part of the Havoc planning committee and he was the vocal person as he was the Head of Chancery and if anything goes bad he would hold the contractor responsible.
Alie Kabbah furthered that in June 2020 almost 90 percent of the work was done on the first and second floor as the first accused was the vocal person during meetings.
The contractor was not updating me about the project.
I disagree that I did not start having problem when the first accused was removed as head of vocal person and replace by Michael Imri Kanu, Dr Alie Kabbah informs the court.
Early part on 2020 there was complete closure of the project due to the COVID.
March and June 2020 90 percent of the work were completed in first and second floor of the building.
Defense counsel for the 1st accused challenged him that him that January to June 2020 there was no work done because of the COVID, but Dr Alie Kabbah said there was a reduction of staff, due to the virus social distancing was required.
The material were bought in September 2019 and the contractor said there was a little space and he will not be able to do the work said Dr Alie Kabbah.
Technical report shows that 70 percent work were done on the building and it was October 2019 and some of the materials were there.
In January 2020 the New York had a lock down and lifting the bans was gradual.
He said he received nothing from the first accused as he cannot tell whether funds were coming in.
In 2019 monies were coming to New York as he was the minister of Foreign affairs and he held a meeting with the contractor and the head of Chancery and they said they would be able to deliver in 2019 if they had funds and some funds were sent to the Chancery project.
In March 2021 I was informed by the first accused about the neighbors. I went there and found out that there was a problem of the threat of law suit and I should be there as the ambassador.
The first accused was the one dealing with the contractor at that time in 2021 and I don’t know whether work was in progress.
In 2021 work were not going on and I was not there again so I cannot tell whether funds were available.
The New York inspectorate complained about code valuation as there was no license.
In April 2021 the company spends so many fees when the contractors were fined for violating the New York work code ethics.
I did not demand money from the first accused when I was head of the mission as kick back
At this juncture ACC lawyer O.V Robinson Mason objected that the question put to the witness is unfair as it will incriminate him.
Responding that his questions is clear as what the witness what implies is malice as this will equites the function as head of Chancery as he has to put it to the witness on behalf of his client, adding that the witness was in the similar position like the first accused and now he is on the other side and his client has insisted for him to asked the said questions.
Justice Fisher said putting that question to the witness is that he is seeking to impugn the character of the witness and if the question is been put, it open the character of the witness.
He said that the lawyer should warn his client about the risk of that and that the first accused will be losing his shield by impugning the character of the witness.
After pa Momoh confided with the witness he said he is ready to take the risk as this deals with his integrity.
Lawyer Matsebo said those questions meant that the witness should be prosecuted.
Fisher said defense counsel said the malice between the first accused and the witness is that the witness asked his client to demand money from the contractor which he refused and now he is been charged and the witness is on the other side.
Pa Momoh said the evidence is against his client and the sixth accused as his position was hijacked from him and the statement was made in presence of one or two persons and want to confere with both sides.
Fisher said if at the end of the day he found out that the statement is not true the defense case will be shamble in determined the guilt of the accused.
Pa Momoh said his client said the witnesses that were there are before the court and so he was instructed by his client to withdraw the question.
Warn the public that if he sees this in social media the person will be in court to explain.
All minutes of meetings were copied to him and I was also copied on progress report not financial matter.
I left the mission in August 27 2021 and that was when I met with the secretary general of United Nations.
I would not be surprised that the complain of the neighbors even continue after he has left.
The contractor Jules Sander Davis got 90 percent of the money and he did less of the work.
$4. Million was given to him and he made it clearly to the first accused that he should be in the part of Sierra Leone and not the other way around.
Sierra Leone paid the contractor 90 percent of the money and what was left is 10 percent in the ex-co account and it was confirmed by the contractor.
He cannot tell whether the first accused did all what was been ask to do.
Africanus Sesay adopt the cross examination by Pa Momoh.