-JUSTICE FISHER WARNS WITNESS
By Hafsatu Z Bangura
As the matter of the State vs. Dr Samura Kamara unfolds in the High Court No 1 serious tensions arises from the Second Prosecution Witness and Defense Counsel for the 1st Accused person presided over by Justice Adrian Fisher J, the cross examination of the Second Prosecution Witness 2(PW2) Paul Kpanda Bockarie continues as he warns the prosecution witness that If he thought this was hard, now he will face what’s harder.
Justice Adrian Fisher warns prosecution witness as defense counsel for the 1st accused Pa Momoh mounts pressure during cross examination.
Second Prosecution Witness Paul Kpanda Bockarie in his testimony in court blundered during his trial as defense counsel mounts pressure on him hereby rendering him confused and asked for a standing down to get himself to order.
Defense Counsel for the 1st accused in his cross examination asked the witness if he was aware that the purpose upon which the case rests has to do with the misappropriation of funds that has to do with the government of Sierra Leone and Fair Field Construction and he replied yes.
He was also asked if the contract was made available to him the prosecution witness responded and said that it was not made available at the time and that he was only privileged to browse through it quickly to see it is confirmative with the laws governed by the laws of New York and that he came to know of it from the 6th accused Jules Sander Davies who said it was done by his lawyer who prepared the contract.
Defense Counsel went on in his cross examination asking the witness if he was a certified quantity surveyor and he responded to a No and asked again if he was a trained one and he responded and said yes, and again asked if he was a cost engineer he said No and was asked if he was familiar with the New York City Construction Code and he said yes as the building was an old church building before it’s use for the reconstruction, renovation and rehabilitation of the Chancery Building.
Pa Momoh Fofana defense counsel for the 1st accused said if the witness was aware of the demolition instead of a reconstruction, renovation and reconstruction of the building upon which the witness said he was not aware but that certain sections were ongoing.
He was furthermore questioned during his cross examination about his duration visit to New york for the first and second time according to the witness he said on his first visit he spent two nights in New york and in the morning hours they were at the building inspecting the work done and that they took pictures and videos but were not relevant as the pictures were not clear.
The Prosecution witness Paul Bockarie was asked if a video was sent to him before the reconstruction of the building and he said that the 6th accused person told them Nancy Spainley who was the architect but does not own a licensed and was told that she was part of the contract and that he asked the 6th accused to present all his credentials and the people involved in the project but failed to do so.
According to the defense counsel as stated in the report that the 6th accused provided $40,000 to the supervisor to be present on site in the New York building department he answered that in his second report he asked the 6th accused to give justification of all cost transactions but no information was given.
Exhibit AN1-2 is a correspondent from Fair Field to Alie Kabba Ambassador for the work of the mission.
He was asked by prosecuting counsel about the change order in which he spoke about the initial contract was for 4 floors and additional load of 2 structures brought the change order that it was the duty of the contractor to the consultant to give a breakdown of direct, indirect and other costs.
Exhibit AO a memo from the permanent secretary of works and public assets to the Ambassador of the Ministry of Foreign Affairs and International Cooperation dated 30th July 2019.
Defense Counsel for the 4th accused in his response to the witness analyze the contents of the document and claims of the witness being an expert by the prosecuting counsel KAS Conteh he said that we will treat him as an expert and Defense Counsel for the 5th accused Teddy Koroma concluded by labeling the witness as being an incompetent witness hereby requesting for a stand down.
