By: Audrey Raymonda John
Two customs officers have been convicted and sentenced to three years’ imprisonment each for soliciting and accepting bribes amounting to Le 2.5 million (old leones) to facilitate the clearing of a shipping container at the Queen Elizabeth II Quay.
The conviction was handed down by Honourable Justice Aiah Simeon Allieu, a Court of Appeal Judge sitting as a High Court Judge, who found Akmed Karim and Mary Banya guilty on two counts of corruption-related offences contrary to the Anti-Corruption Act No. 12 of 2008.
According to the prosecution, on 28 February 2019, the two customs officers Karim of No. 49 Matindi House, Brookfields, and Banya of No. 26 Parsonage Street, Kissy solicited Le 2,500,000 from Sigismond Tommy Mei without lawful consideration. The money was allegedly demanded to facilitate the clearing of a container belonging to Juan Ruiz, an American businessman.
Both accused persons initially pleaded not guilty, denying any knowledge of the alleged bribe.
The Anti-Corruption Commission (ACC) led ten witnesses to establish its case.
Testifying before the court, Juan Ruiz stated that he is engaged in the exportation of sand-based minerals. He told the court that in 2018, Alan Jenkins shipped a 40-foot container to him. During the clearing process, the two accused allegedly demanded Le 2,500,000, through Sigismond Mei, to facilitate the release of the container.
The prosecution’s key witness, Sigismond Tommy Mei, an Operations Assistant at Bolloré Logistics since 2018, testified that his duties include facilitating the clearing of goods for the company. He informed the court that he was present when both Mary Banya and Akmed Karim demanded the money before releasing the container.
“I prevailed on them to release the container, but they refused until the money was paid,” Mei testified.
Lucy Kabba, an investigator attached to the ACC’s Freetown office, confirmed that investigations conducted by the Commission revealed sufficient evidence to warrant prosecution.
In his ruling, Justice Allieu held that the prosecution had proved its case beyond reasonable doubt and found both accused persons guilty on both counts.
During plea mitigation, defence counsel C. Pujeh Esq., holding brief for C.F. Margai Esq. and S.B. Mondeh Esq., pleaded for leniency. He informed the court that the second convict, Mary Banya, is a mother and the primary caregiver for her family, adding that she had recently lost her mother, whose death he said was linked to the stress of the trial.
Regarding Akmed Karim, counsel submitted that he was ill and only a few months away from retirement.
Representing the prosecution, J. Deen-Tarawalie Esq. argued that although the offences were charged under the 2008 Act, the court should consider sentencing under the Anti-Corruption (Amendment) Act of 2019. He submitted that the convicts deliberately wasted the court’s time and state resources, which should be treated as aggravating factors, and recommended custodial sentences of sixty years.
In passing sentence, Justice Allieu stated that he had carefully considered the submissions of both sides but noted that the offences were committed under the 2008 Act. He sentenced each convict to three years’ imprisonment or a fine of thirty thousand new leones on count one-, and three-years’ imprisonment or a fine of thirty thousand new leones on count two.
In the same proceedings, a third customs officer, Momodu Allieu Sow of No. 7 College Road, Freetown, faced similar charges. He was accused of soliciting and accepting Le 3,000,000 from Sigismond Tommy Mei between 1 December 2018 and 28 February 2019, allegedly to undervalue a boat at the Queen Elizabeth II Quay belonging to Juan Ruiz.
However, Justice Allieu acquitted and discharged Sow, ruling that the prosecution had failed to prove its case beyond reasonable doubt, noting that there was insufficient evidence upon which he could be convicted.