December 15, 2021
By Hafsatu Z Bangura
Dr. Samura Matthew Wilson Kamara Saidu Nallo et al has on the 14th December, 2021 granted bail in the sum of two billion Leone by Justice Adrian Fisher at the Freetown High Court.
All accused persons are been indicted for of Corruption offences and has been granted bail with each two sureties in like sum of the said amount or properties valued to the said amount and must be registered in the name of the sureties and must be living in the western Area of Freetown.
Among the indicted accused persons only Dr. Samura Kamara and 3 other accused persons were present in court in absentee of the 5th and 6th accused persons were granted bail in accordance with the bail conditions been met by the accused persons.
Dr Samura Kamara on the 23rd of November 2021 was indicted alongside Saidu Nallo head of Chancery Sierra Leone’s Permanent Mission to the United Nations in New York, Foday Vahfomba Bawoh former Financial Attaché of Sierra Leone Mission to the United Nations in New York, Adekalie Foday Suma, former permanent representative of Sierra Leone mission to the United Nations in New York and Jules Sanders Davis an American Citizen and agent contractor of the Sierra Leone permanent mission to the United Nations, on various corruption charges relating to the reconstruction of the Sierra Leone United Nations Permanent representative Chancery Building in New York.
The five were charged with forty eight counts of corruption offences bordering on failure to comply with applicable procedures and guidelines relating to procurement, the management of funds, Misappropriation of public funds, Abuse of office, Fraudulent Acquisition of a benefit, Knowingly Deceiving a principal and conspiracy to commit a corruption offence.
The charges were read to the four accused person’s respectively and each accused persons pleaded not guilty on all charges of corruption offences levied against them.
The state prosecutor of the Anti-Corruption C.T Matesbo requested for a standing down in respect of the absentee of the 5th and 6th accused persons who were not present in court. The defense counsel for the 5th Accused person responded that the indictment of the 5th accused person was only posted a day before the trial and that the 5th accused person is out of the jurisdiction of the country and said his client will be present at the next adjourn date.
Defense counsel continued that another reason the 5th accused person is absent is that the visa of the 5th accused has expired and has not been able to secure a flight to Sierra Leone. He said they have made copies of the letter to the State Department and have also served the bench and the Anti-Corruption and that his client the 5th accused person is not in any way trying to divulge the trial of the indictment in clearing his name.
State prosecutor Mr. Robbin Mason Snr. Made applications for amendment on the indictment in respect of 44, 47 and 48 and ask to make insertions on count 44 after the 2021 in line of the particulars of offence the following words in Freetown in the Western Area of Sierra Leone and the words should appear in the 2021 and in count 47 insertions of the year 2016 and in respect of count 48 state prosecutor asked for it to be deleted in the year 2014 and in replacement by the year 2008 for the Anti-Corruption Act 2008
He concluded that in respect of the Amendment the following insertion after 2017 the words in Freetown in the Western Area of Sierra Leone. He said he’s making the application pursuant to section 148 pursuant to section 47 of the Anti-Corruption Act.
State Prosecutor CT Matesbo objected to Defense Counsel Joseph Fitzgerald Kamara Esq (JFK) in his opening representation for the 4th accused person Dr. Samura Matthew Wilson Kamara on the grounds that Joseph Fitzgerald Kamara was notify in the morning hours shortly after the standing down that he is an additional witness to the indictment and therefore should not be partake in being defense counsel for the 4th accused person.
Defense counsel for the 4th accused person Joseph Fitzgerald Kamara (JFK) in his defense said the state prosecutor cannot use the grounds of him been an additional witness to deprive him from representing his client and fully exercising his duties as a defense lawyer and that state counsel only called him aside to notify him, that the proper way would have been counsel serving him notice before hand as additional witness.
He continued that state counsel cannot use the court as an instrument of injustice to serve his duties and that they are in court because of politics.
Justice Adrian Fisher on the note of the defense and the state prosecutor made it clear to the court, that the bench and members of the press and the public that the court is not a court of politics and that politics is not practice in the court, and that he wants to focus on the evidence of the indictment of the accused persons so that fair judgment and no injustice would be given to neither the accused persons nor the state.
He concluded that lives were at stake and that state prosecutor has raised the issue not as an objection but to inform the defense counsel that he will be an additional witness and ruled that defense counsel will continue representing the 4th accused person Dr. Samura Kamara.
Defense Counsel JFK said he sees the objection or information as a ploy not to represent his client and that he has been prejudiced and embarrassed by the changes made in the Amendment as they are in court based on the indictment of the accused by the prosecution witness and that the prosecution witness wants to change it to suit their benefits. We don’t ambush, tell them we are coming.
Oladipo Vivian Robbin Mason Snr. Esq in response to JFK said the changes of the charges have been made in respect of the year 2018 to 2008 in respect of the counts in which they appear and see nothing offensive, nor unjust as stated by defense counsel JFK.
And he concluded that no venue has been changed and the words of the insertions Freetown in the Western Area of Sierra Leone were made in addition to the indictment and that no venue has been slated for which the indictment stands.
Justice Adrian Fisher assures that fair and just judgment would be given and that no accused person would be unjustly served and that professional attitude from both State Prosecutor and Defense Counsel would be in accordance informing them that he has a duty to maintain fairness.
On the orders of the court made by Justice Adrian Fisher said the prosecution shall serve all relevant documents including the proof of evidence in their possession no later than 4pm on the 21st December 2021.
And that the defense should request for any document that they wish to rely on and that the solicitor’s for the accused persons shall raise any issue in regards to admissibility of evidence or legal matter at the pre -trial conference that will be held on the 5th January 2022.
On the conclusion that the press are only to report accurately on what happens in the court and evidence that is read in court.
Defense counsel for the accused persons applied for bail and bail was granted on the basis of the bail conditions been met.
The four accused persons were granted bail and bail conditions of 2billion Leones each or 2 sureties in like sum of the said amount or properties worth 2billion Leones and must be registered in the name of the sureties.
Valuation certificate confirming that the property is valued at 2billion Leones and must submit all travelling documents to the master and registrar and must no conduct interview with the press concerning the matter neither be engaged in any social media activities.
The state prosecutors were represented by C.T Matesbo, O.V Robbin Mason Snr, EK Amara, KAS Conteh while the defense counsel for the 1st accused were M.P Fofana, H.M Gevao, respectively and for the 2nd accused person A S Sesay, J. Manly- Spaine, K. Yillah, H. Kamara, JB Sesay, ZD Kamara and for the 3rd accused H. M Gevao and for the 4th accused Dr. Smaura Kamara were Franklyn Bai Krgbo, Joseph Fitzgerald Kamara, Ambassador Amadu Koroma, Melron Nicol Wilson, Alfred Jalloh, Musa H Koroma, Sulaiman Kabba Koroma, Africannus Sorie Sesay, Ibrahim Sorie, Ady Maculey, Btima Koroma, Roland Nylander, Ibrahim A Kamara, Emmanuel Karro- Kamara, Bonniface Sidikie Kamara, James Bockarie Sesay, Edward Bori Turay, and Jeredine N Spaine all for the 4th accused person and for the 5th accused person was GB Kanneh, FJ Garber, HB Timbo and for the 6th accused person he had no representation.