July 27, 2021
By: Francis F.M.Harding
The First Police Witness Brima Sheriff who is a resident of No. 12 Magburaka Road Makeni and is also an Investigator for the Anti-Corruption Commission has testified before Justice Hannah Bonnie at the Anti-Corruption Commission High Court in Freetown on the 26th July, 2021 in a matter of alleged failure to declare his assets, income and liabilities to Anti-Corruption Commission.
According to the particulars of offence, the accused person, whilst serving as Member of Parliament, Minister of Youth affairs and Sierra Leone’s Ambassador to the Islamic Republic of Iran respectively, failed to declare his assets, income and liabilities with the Anti-Corruption Commission as required of every public officer. When he was asked by the Anti-Corruption Commission as to the reasons for failing to declare his assets, he refused to explain claiming that his lawyer advised him not to make any statements.
According to police charge sheets, the accused persons are charged with nine counts charge. It is alleged in count one that the accused person when he occupied public offices he failed to declare his asset, income and liabilities contrary to section 122 of the Anti-Corruption Act No. 12 of 2008 amended Act No.9 of 2019.
That the accused person having served as member of parliament of the Republic of Sierra Leone from the period of 2007 to 2013 filed to furnish the declaration of it asset, income and liabilities to the Anti-Corruption Commission for the year 2013. It is alleged in count two that the accused person having served as Member of Parliament of the Republic of Sierra Leone from the period of 2007 to 2013 failed to declare his assets, income and liabilities to the Anti-Corruption Commission for the year 2012.
It is alleged in count three that the accused person having served as Member of Parliament of the Republic of Sierra Leone from the period of 2007 to 2013 filed to furnish the declaration of it asset, income and liabilities to the Anti-Corruption Commission for the year 2011.
It is alleged in count four that the accused person having served as Member of Parliament of the Republic of Sierra Leone from the period of 2007 to 2013 failed to declare his assets, income and liabilities to the Anti-Corruption Commission for the year 2012.
It is alleged in count five that the accused person having served as Minister of Youth Affairs of the Republic of Sierra Leone from the period of 2013 to 2016 failed to declare his assets, income and liabilities to the Anti-Corruption Commission for the year 2013. It is alleged in count six that the accused person having served as Minister of Youth Affairs of the Republic of Sierra Leone from the period of 2013 to 2016 failed to declare his assets, income and liabilities to the Anti-Corruption Commission for the year 2014.
It is alleged in count seven that the accused person having served as Minister of Youth Affairs of the Republic of Sierra Leone from the period of 2013 to 2016 failed to declare his assets, income and liabilities to the Anti-Corruption Commission for the year 2016. It is alleged in count eight that the accused person having served as Ambassador of Sierra Leone to the Arab State of Iran from the period of 2015 to 2018 failed to declare his assets, income and liabilities to the Anti-Corruption Commission for the year 2017 and it is alleged in count nine that the accused person having served as Ambassador of Sierra Leone to the Arab State of Iran from the period of 2015 to 2018 failed to declare his assets, income and liabilities to the Anti-Corruption Commission for the year 2018.
Testifying in court, the First Police Witness (PW1) said some of his duties are to investigate cases assigned to him and to testify in court. Witness said he recognized the accused person in this matter during the course of investigation. Witness continued to say he was in his office in October, 2020 when this matter was assigned to him for investigation. Witness said the accused person reported to the ACC office in Makeni in January, 2021. Witness said a notice was sent to the accused person according to section 66 (1) (a) (b) of the Anti-Corruption Act. Witness produced document and tendered as exhibit A and there was no objection by the defense lawyer.
Witness said statement was obtained by Ishmael Sheriff and the said allegation was put to the accused person and the respond of the accused person was that his lawyer said he should not say anything. Witness continued to say that accused person said the matter is already in the Court of Appeal. Witness said that the accused person do not show any document to prove that the case is at the Appeal`s Court. Witness said after taking statements from the accused person he read the statement and the accused person said it is true and correct and signed the document. The witness tendered the statement as exhibit B 1-6.
Under cross examination, defense Lawyer Africanus Sesay asked witness how long have he been an investigator for the Anti-Corruption Commission. Witness said for three years. Defense counsel asked him before being an investigator what job he was doing. Witness said a policy analyst. Defense asked him in pursuing your career; have you been looking at laws and policy to make change in society. Witness said yes. Defense counsel asked the witness if it is stated in the ACC law book that for five years if the accused person do not disclose his asset, liabilities and income that person should come to court. Witness said yes. Defense counsel asked witness if he knows that the counts that the ACC charged the accused person if nine count. Witness said yes. Defense counsel asked the witness if he cross checked the element that the accused person has a case at the Appeal`s Court. Witness said he did not cross check. Defense counsel asked witness that when the accused has been question you charged a specific section to him.
The witness said yes. Defense counsel asked witness that though he is a lawyer section 119 placed an obligation on the ACC when a person do not disclosed his assets, and liabilities. Witness said yes.
Defense lawyer asked witness if he shows any publication when he has refused to declared his assets and liabilities. Witness said no. at this stage when the defense counsel was asking questions on cross examination the state counsel was objecting several times.
On responding to the objection, the defense counsel asked the Judge to rebuke Tarawalie that the accused person has a counsel to represent him and cross examination should take a broader perspective.
Responding to the defense lawyer, the state counsel Tarawally said that section 119 of ACC Act deals with administration whiles section 122 formed the basic of the indictment.
Responding to both counsels the Judge said that few things have been touched on and the state counsel should realize that this is cross examination; the question asked by the defense counsel is relevant.
Lawyers for the Anti-Corruption Commission are Umar Sesay and J.T.B. Tarawally whiles the defense Lawyers are Africanus Sesay and G.N. Kutubu. The matter has been adjourned to the 2nd August, 2021 at 9:00 AM.