July 26, 2021
By: Francis F.M.Harding
The accused persons Mohamed Sheku Turay, Alimamy Sesay, Noah Winnebah, Abioseh Ola Bernes, Musa Momoh Lahai, Hawa Y. Kamara, Mary Bangura and Rugiatu Kalokoh appeared before Justice Simeon Allieu at the High Court in Freetown on the 22nd July, 2021. The accused persons are charged with the following offences, misappropriation of public revenue contrary to section 36 (1) of the Anti-Corruption Act, No.12 of 2008 as amended by the Anti-Corruption Act No.9 of 2019, conspiracy to commit a corruption offences contrary to section 125 (1) of the Anti-Corruption Act No. 9 of 2019, and failure to comply with the applicable procedures relating to the management of funds contrary to section 48 (2) (b) of the Anti-Corruption Act No.12 of 2008 as amended by the Anti-Corruption Act No.9 of 2019.
According to Anti-Corruption Commission (ACC) charge sheets, Mohamed Sheku Turay was charged on two counts. It is alleged in count one that Mohamed Sheku Turay being a banker attached to the operations department of the Rokel Commercial Bank Sierra Leone Ltd on diverse days between the 5th January, 2019 and the 25th June, 2020 misappropriated public revenue in the sum of three billion nine hundred and sixty two million one hundred and forty five thousand two hundred and sixty two Leones (Le3, 920, 145, 262, 00) being electricity bill paid to the electricity distribution and supply authority (EDSA) for the supply of electricity.
According to Anti-Corruption Commission charge sheets, Hawa Y. Kamara, Mary Bangura and Rugiatu Kalokoh. It is alleged in count two that the accused persons being revenue assistant with electricity distribution and supply authority (EDSA) on the 24th March, 2020 misappropriated public revenue in the sum of forty million Leones (40,000,000/00) paid by Fourah Bay College General Inc. to the electricity distribution and supply authority for the supply of electricity.
According to Anti-Corruption Commission charge sheets, Mohamed Sheku Turay, Alimamy Sesay, Noah Winnebah, Abioseh Ola Bernes, Musa Momoh Lahai, Hawa Y. Kamara, Mary Bangura and Rugiatu Kalokoh. It is alleged in count three that being a revenue assistant with electricity distribution and supply authority (EDSA) date unknown between the 1st July, 2018 and the 31st January, 2021 together with other persons unknown conspired to misappropriate public revenue in the sum of six billion three hundred and ninety-four million seven hundred and eighty-one thousand Leones and forty-eight cents (Le 6,395,896,781,48) paid to the electricity distribution and supply authority for the supply of electricity.
According to Anti-Corruption Commission charge sheets. It is alleged in count four that Alimamy Sesay, Noah Winnebah, Abioseh Ola Bernes, being an accountant with the electricity distribution and supply authority, Musa Momoh Lahai being the head of the commercial north with the electricity distribution and supply authority on dates unknown between the 1st July, 2018 and 31st January, 2021 willfully failed to comply with the law, procedures and guidelines relating to the management of funds.
According to Anti-Corruption Commission charge sheets. It is alleged in count five that Alimamy Sesay, Noah Winnebah, Abioseh Ola Bernes, being an accountant with the electricity distribution and supply authority and Musa Momoh Lahai being the head of the commercial north with the electricity distribution and supply authority on dates unknown between the 1st July, 2018 and 31st January, 20212021 willfully failed to comply with the law, procedures and guidelines relating to the management of funds to wit willfully failed to comply with the provisions.
When the registrar read the charges to the eight accused persons only the first accused persons (Mohamed Sheku Turay) pleaded guilty and the remaining accused persons pleaded not guilty to the counts levied against them.
It could be recalled that the accused persons have been appearing in court the matter has been adjourned for six times.
In his submission, the Anti-Corruption Commission (ACC) Lawyer Calevin Matsebo referred the bench to the new indictment against the accused persons dated the 16th July, 202.
The lawyer said that the first offence the accused was charged with was the wrong one and he is ready to proceed with these new counts.
Lead counsel representing the first accused D.E. Taylor made a submission for bail for his client; he said the first accused person is a young gentleman with wife and two kids. He continued to say that his client is complying with the truth in the face of wrong doing and that is the highest amount of virtue a human being should possessed.
He continued to say that the first accused person has pleaded guilty and he has not wasted the court and the state`s valuable resource that should be expensed in this trial. He said his client is remorseful. He said that his client has opted to forfeit his only property in other to deal with the consequences of his action. He said that this is done in the light of the challenges.
When the Anti-Corruption Commission (ACC) Lawyer Calevin Matsebo was responding to the Lawyer D.E. Taylor’s he said that the offenses on what the first accused have been convicted includes both a fine and imprisonment in the ACC amended Act of 130 (a) Act. He said the court should be considered of the crime.
He agreed that the accused person has been cooperative and has not wasted the time of the court, and that the sentencing is the discretion of the court.
Before the Judge Justice Simeon Allieu read his sentence he asked the Lawyer Matsebo to address him on sentencing. When he was making his submission on sentencing he said he has brought the fact to the notice of the bench. He continued to say that the offense of the first accused person upon conviction requires the punishment prescribed on the ACC Act with the minimal amount of fine or with certain amount of imprisonment.
He said if the court is considering section 188 of the ACC Act which stipulates the minimal fine and time of imprisonment. The judge said that he thought that the lawyer is going to address him on the section one of the amendment Act. In responding to the judge the ACC Lawyer said section 36 by a way of section 1 of the amended Act of 2019 under subsection 3, the court accorded the person convicted under subsection 1 pay the full amount judge by the court of fund misappropriated to pay to the consolidated fund. He said the court is obligated by using the shall order to the amount admitted by the first accused person and the bench has found the accused guilty.
When the Judge Justice Simeon Allieu was giving his sentence the judge said in the midst of other when the accused person pleaded guilty his case must be disposed of immediately there is no need in wasting time especially taking into consideration the type of case.
Reading the sentence of the court, having heard the lawyer representing the first accused person E.D. Taylor on his plea mitigation of the sentence in respect of the first accused who has pleaded guilty in both count one and three. He said the first accused person Mohamed Sheku Turay is hereby sentenced as follows: count one the first accused is sentence to a fine of fifty million Leones (Le 50,000,000/00) or to serve the time of five years in imprisonment. Count three the first accused person is sentenced to a fine of fifty million Leones (Le 50,000,000/00) or to serve the time of five years in imprisonment.
He further ordered that the convict Mohamed Shaku Turay pay into the consolidated revenue fund the total sum of three billion nine hundred and twenty million one hundred and forty five thousand two hundred and sixty two Leones (Le 3, 920, 145, 262, 00) which is been misappropriated on or before the 30th September, 2021 and receipt of the said payment been filed to this court and the said payment to be supervised by the office Anti-Corruption Commission.
The judge said having heard from the counsels representing different accused persons on their respective application for bail on behalf of the second, third, fourth, fifth, sixth, seven and eight accused persons the said application were made in pursuant to section 79 subsection 2 of the Criminal Procedure Act No. 34 of 1965.
He furthered that having heard other relevant provisions and also heard from Lawyer Matsebo counsel representing the state in this matter did not object to bail. The order follows that bail is granted to the second, third, fourth, fifth, sixth, seven and eight accused persons herein in the sum of five hundred million Leones (Le 500,000,000/00) one surety each in the life sum the surety should be ordinary resident in the western area and to produce and submit to the Master and Registrar a valid national identification or voter identification card. Surety to be a property owner in the western area and to deposit the original conveyance worth five hundred million Leone (Le 500,000,000/00) supported by evaluation certificate prepared by the evaluation officer, each accused persons should deposit his or her travel documents to the Master and Registrar and the Master and Registrar should approved the bail.
Lawyers representing the accused persons were E.D.Taylor, R.A. Jones for the first accused person, M.A.Baratay, James Fornah Sesay, C.I. Williams, and H.M.Gavao. The matter has been adjourned to the 4th August, 2021.