July 8, 2021
By: Francis F.M.Harding
The financial Intelligent Unit Officer who also doubles as an investigation officer of the Anti-Corruption Commission and the first police witness (PW1), Joseph Foray has testified before Justice Mohamed Bawah at the High Court in Freetown on the 6th July, 2021.
The witness testified in an alleged conspiracy to commit a corruption offence, contrary to section 128 (1) (a) failure to comply with applicable procedures and guidelines, contrary to section 48 (2) (b) abuse of office, contrary to section 42 (1), and knowingly misleading the Commission, contrary to section 127 (1) (b) of the Anti-Corruption Act No.12, of 2008, as amended by the Anti-Corruption Act No.9 of 2019 respectively.
For the third time the former Executive Director of Sierra Leone Maritime Administration, Paul Sobba Massaquoi, Peter Joseph Menjor, Acting Director of Procurement of Sierra Leone Maritime Administration, Fodie U.K.Dabor, the Acting Director of Finance of Sierra Leone Maritime Administration, Hartwell Williams, Quality and Assurance Manager of Sierra Leone Maritime Administration, Victor Alpha Human Resource Manager, of Sierra Leone Maritime Administration, and Festus Musa Procurement supervisor of Sierra Leone Maritime Administration has all appeared before Justice Bawah.
According to the Anti-Corruption Commission charged sheets, the accused persons were charged with five counts charges of corruption offences including conspiracy to commit a corruption offence, contrary to section 128 (1) (a) failure to comply with applicable procedures and guidelines, contrary to section 48 (2) (b) abuse of office, contrary to section 42 (1), and knowingly misleading the Commission, contrary to section 127 (1) (b) of the Anti-Corruption Act No.12, of 2008, as amended by the Anti-Corruption Act No.9 of 2019 respectively.
It is alleged that the charges are concern with failure to conduct a bidding process as required by section 37 and 39 of the Public Procurement Act No.1 of 2016, with regards the rehabilitation of the Sierra Leone Maritime Administration headquarters building in Freetown.
Paul Sobba Massaquoi, Fodie U.K.Dabor, Hartwell Williams and Victor Alpha, are also charged with knowing and misleading the Commission by making statements to the investigators of the Anti-Corruption Commission, that a procurement process was conducted in respect of the procurement of works for the rehabilitation of Sierra Leone Maritime Administration headquarters building in Freetown, when in truth and in fact, no procurement process was conducted in respect of the said procurement. The four accused persons are jointly charged in count one for misleading the Commission.
It is alleged that Peter Joseph Menjor, between the 17th February and 18th March, 2021 knowingly misled the Anti-Corruption Commission by making statements that his signature appended to the documents purported to be connected with a procurement process were authored by him, contrary to section 127 (1) (b) of the Anti-Corruption Act No.12, of the 2008 as amended by the Anti-Corruption Act No.9 of 2019.
It is alleged that Paul Sobba Massaquoi is charged with abuse of office by improperly awarding a contract to rehabilitate the Sierra Leone Maritime Administration headquarters building in Freetown without having a bidding process conducted in compliance with applicable procedures and guidelines relating to procurement works.
The charges were read by the Clerk and all the six accused people denied all charges.
It could be recalled that on the 31st May, 2021 Anti-Corruption Commission (ACC) filed in an indictment against the six accused persons on five counts of corruption offences.
Testifying in court, the First Police Witness (PW1) Joseph Foray said that there were omissions on the documents when he was doing photocopying.
Witness said he has a document of the outcome of the disciplinary committee from Roland B. Caulker dated the 28th August, 2020 and was signed by Mr. Paul Sobba Massaquoi the Executive Director Sierra Leone Maritime Administration.
Witness produced another document of taking over assets and responsibility as a procurement director of the Sierra Leone Maritime Administration. Witness said he has a copy of an email addressed to Mr. Roland B Caulker and the email is from Mr. Paul Sobba Massaquoi the Executive Director Sierra Leone Maritime Administration dated the 6th September, 2020.
Witness produced another document of taking over asset and responsibility as procurement director of Sierra Leone Maritime Administration and was addressed to Mr. Paul Sobba Massaquoi the Executive Director Sierra Leone Maritime Administration and was signed by Raymond Caulker the incoming procurement director and was dated on the 4th December, 2020.
Witness said a notice was signed by the Anti-Corruption Commissioner and was also signed by the director of finance Sierra Leone Maritime Administration for the production of evidence of all payment of disbursement in respect of the rehabilitation of the Sierra Leone Maritime Administration building dated on the 10th February, 2020.
Witness said the third accused person reported to the commission and made a statement under caution to the commission.
Witness said it was during his statement that he tendered his responses.
Witness explained about the first document in the bundle that contained an invoice of the Sierra Leone Maritime Administration to refurbish the building and the numbers were 0670, 0668, 0669 and 0670.
Witness said he has another invoice from the company to refurbish the Sierra Leone Maritime Administration building with registration numbers 0682, 0683 and 0684 for the second face of the refurbishment.
Witness said he has a document that was written to the director of banking, Bank of Sierra Leone Siaka Stevens Street Freetown to debit their account the sum of three hundred and seventy eight thousand Leone (Le378, 000, 00) and transferred to the B.M Kodami limited dated the 7th August, 2020 and was signed by the executive director of the Sierra Leone Maritime Administration.
Witness continued to say that he has another document of payment of instruction from the Sierra Leone Maritime Administration addressed to the director of bank, Bank of Sierra Leone to debit the sum of three hundred and seventy eight thousand Leone (Le378, 000, 00) and transferred to the B.M Kodami Sierra Leone limited singed by the executive director and the acting director of finance of the Sierra Leone Maritime Administration dated the 9th September, 2020.
Witness continued to say he has another document of bank payment with the instruction from the Sierra Leone Maritime Administration addressed to the director of banking, Bank of Sierra Leone requesting to pay the sum of two hundred and seventy five million Leones to be transferred to the account of the B.M Kodami, Sierra Leone limited signed by the executive director and the acting director of finance of Sierra Leone Maritime Administration and was dated on the 8th September, 2021.
Witness said he has another bank payment from Sierra Leone Maritime Administration to debit their account at the Bank of Sierra Leone the sum of three hundred and twenty one, three hundred thousand Leone and to be transferred to the account of B.M Kodami Sierra Leone limited and was signed by the executive director and the acting director of finance of the Sierra Leone Maritime Administration.
Witness continued to say that he has another document to be transferred to the sum of five hundred and sixty eight, two hundred and fourty seven thousand four hundred Leones (Le568, 247, 400, 00) to be transferred to the account of the B.M Kodami Sierra Leone limited signed by the executive director and the acting director of finance of Sierra Leone Maritime Administration.
Witness continued to say that he has another document to transfer the sum of four hundred one hundred and two thousand, nine hundred sixty five thousand Leones (Le412, 965,000/00) and to be transferred to the account of the B.M Kodami Sierra Leone limited and it was dated the 18th November, 2020.
Witness continued to say that he has another document to transfer the sum of two hundred and sixty one million four hundred and sixteen million nine hundred and twenty one Leone point eighty-nine cent (le261, 416,921.89) was transferred to the account of National Revenue Authority (NRA) signed by the executive director and the acting director of finance of the Sierra Leone Maritime Administration and it was dated on the 22nd December, 2020.
Witness continued to say that he has another document to transfer the sum of three hundred and thirty million, four hundred and four thousand one hundred and thirty million Leones to the account of the B.M Kodami Sierra Leone limited and it was signed by the executive director and the acting director of finance of Sierra Leone Maritime Administration and it was dated on the 25th November, 2020.
Witness said in PP7 the 8 entry dated on the 8th July, 2020 they made payment of 35% and a withholding tax of twenty-two million Leone (Le22, 000,000/00) in respect of B.M Kodami Sierra Leone limited for the payment of four hundred million Leone gross for the face lift of the Sierra Leone Maritime Administration building.
Witness continued to say the PP8 twenty-two million Leones (Le22, 000,000/00) was paid by the Sierra Leone Maritime Administration in favor of B.M Kodami Sierra Leone limited for the amount of four hundred million Leones (Le400, 000,000/00) for the Sierra Leone Maritime Administration.
Lawyer representing the first and fourth accused persons is Lawyer Ibrahim Mansaray, Lawyer A.Kamara is representing the second accused person, and Lawyer J.M.Jengo is representing the third person, Lawyer B.S. Nabieu is representing the fifth accused person and H.M.Gavao is representing the sixth accused person.
Defense Lawyers will cross examination Police Witness on the 8th July, 2021. The matter has been adjourned to the 8th July, 2021.