August 4, 2021
By: Francis F.M.Harding
Second Police Witness (PW2) Brima Thorley and achiest at the Anti-Corruption Commission has testified before Justice Hannah Bonnie at the High Court in Freetown on the 2nd August, 2021 in a case involving the former Member of Parliament, Minister of Youth Affairs and Sierra Leone’s Ambassador to the Islamic Republic of Iran respectively between 2008 and 2018 Alimamy Kamara who have been charged for failed to declare his assets, income and liabilities with the Anti-Corruption Commission as required of every public officer. The accused persons are charged with nine counts charge.
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 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 2018.
Testifying in court, the Second Police Witness (PW1) said he is a resident of Rokel Western Area Rural District. He said he is an archest at the Anti-Corruption Commission Asset Declaration Unit. The witness said his roles and responsibility are the distribution of asset declaration form, collection and processing and store them at the asset store. Witness said he recognized the accused person as a public servant in the previous government.
Witness said sometimes in January, 2021 he received an instruction from his boss Zainab Othman to retrieve the asset declaration of the former minister. Witness said after two hours search he could not see any form of the former minister. He said after the search he reported to his boss who later asked him to report to the investigation department. He said he made some statement to the investigation to the department.
Before the cross examination, the defense counsel said he needs to go through the said statement of the witness as it is five pages document. Under cross examination, defense Lawyer Africanus Sesay asked witness how long have he been an achiest officer for the Anti-Corruption Commission and that the witness should be cognizant that the matter is a criminal proceeding and that the reputation of client is at stake.
Witness said that it was not his responsibility to send notice to the former minister as he is an achiest for the commission and he started working for the Anti-Corruption Commission since 2013. Defense counsel asked that there was period that the declaration was not available. Witness said he had no idea about that as there was no asset declaration form in 2013. Defense counsel asked that if the witness is part of the Anti-Corruption Commission. Witness said yes my lord. Defense counsel said that during the period there was no notice sent to the former minster. Witness said that he was not his responsibility to send notice to the former minster.
Under re-examination counsel for the Ant-Corruption Commission Joel Deen Tarawally asked the witness to clarify the process of distribution of form. The defense counsel objected siting that the question posed was unambiguous and straight forward and the Ant-Corruption Commission lawyer refreshes his question.
The judge sustained the objection raised by the defense counsel siting that the answer will be proffered by the witness will be fresh and will likely be new evidence. In answering to the defense counsel the Ant-Corruption Commission witness said that he normally distributed the asset declaration forms to Ministries Departments and Agencies. The Ant-Corruption Commission Lawyer was Joel Deen Tarawally while the defense counsel Lawyer is Africanus Sesay. After the debates by both counsels the matter has been adjourned to the 23rd August, 2021.