December 16, 2021
By: Hafsatu Z Bangura
Sheka Sahid Kamara former special assistant to former president Ernest Bio Koroma, Victor Bockarie Foh Former Vice President, Ibrahim Fackeh Conteh and associate of Sheka Kamara and former permanent secretary in the Ministry of Social Welfare Gender and Children’s Affairs and Abu Bakarr Carew were all arraigned for judgment on the 15th December 2021 before Justice Reginald Fyn of the Anti-Corruption Court No.5&6 at the High Court in Freetown.
All accused persons were indicted by the Anti-Corruption on 8 count corruption offences ranging from conspiracy, Misappropriation of public funds. The Court Indictment and summaries of the case file indicates that Victor Bockarie Foh former VP and others on dates between the 1st January and 31st September 2017 conspired together with other persons unknown to commit a corruption offence, misappropriating public funds meant for the purpose of organizing the 2017 pilgrimage to Mecca.
Presiding Judge, Justice Reginald Fyn in his reading his judgment said that the trial commenced with eight count indictments dated 14th August 2018 and that there were originally six defendants but after the prosecution’s case, it was ruled that count one and two of the indictment were untenable.
Justice Reginald Fyn continued that it was also ruled that the defendants had no case to answer. The trial continued with the four defendants. He said they all elected to testify and call witnesses. Mid-way through the Judge stated that Ibrahim Fackeh Conteh jumped bail and has not attended court since. A bench warrant was remained in force for his arrest whilst the case was preceded.
The Judge further on said that the 2nd Defendant Victor Bockarie Foh in the prosecution’s evidence against the 2nd defendant comes mainly from the 1st defendant prosecution witness (PW4) Abass Sesay and Second Defense Witness for the 1st defendant (Wife of Sheka Sahid Kamara) Ann-Marie Kamara. He said the 1st defendant maintains that he gave Victor Foh the sum of $20,000 and a further $60,000 was left with one Alhaji for him.
The 2nd defendant Victor Foh denies ever receiving money of $20,000 from Abass Sesay PW4 and 1st defendant Personal Assistant and that Abass Sesay attempted to corroborate the version of the incident given by 1st defendant.
Justice Reginald Fyn said that the testimony of PW4 takes us from when 2nd defendant was counting money at home, the witness travelling with the 1st defendant and the 1st defendant arriving at the compound of the 2nd defendant to deliver the money.
The witness had earlier testified in court that at home as the 1st defendant counted the money he told him it was for delivery to the 2nd defendant and on arrival at the 2nd defendant office the witness said that the vehicle was alighted by the 1st defendants together with Alhaji (the driver) who was now carrying the money bag. The judge said it was important to note that the witness did not go upstairs with the other two allegedly went with the money.
Second defendant according to the judge stated that he insisted that he never saw the 1st defendant as he was busy with various duties that day. The 1st defendants insist that he was in the office till after 6pm with the 2nd defendant and that PW6 Suleiman Sesay is certain that around 5pm to 5:30pm 1st defendant was at Bintumani Hotel and Bintumani and the Vice president office cannot be in the same locality and that 1st defendant cannot be in both places at the same time adding to the confusion that according to Abass they first went home on leaving the bank 1st defendants movement became significantly difficult to comprehend.
In conclusion to the Judge ruling that the case of conspiracy to misappropriate $80,000 against the 1st and 2nd defendant in count 3 does not succeed to reach the required standard of proof beyond reasonable doubt and that the case of misappropriation of $80,000 in count four is proved beyond reasonable doubt but not so against the 2nd defendant.
That he found the 1st defendant guilty on count 7 and as this count the prosecution alleges that the 1st defendant misappropriated the sum of Le 300M by depositing the same in a joint account in his and his wife names.
He said the 1st defendant does not deny making the deposit as charged and in his testimony the 1st defendant and his wife Ann-Marie and Abass attempted to explain that the 300M was deposited in the Eco Bank account in the names of husband and wife for safe keeping and prompt access in case of any Hajj Committee supplier or service providers came forward for their payment.
The judge concluded that throughout the trial no Hajj Committee has surfaced forward for their payment neither any report of such has reached the court in the case of the trial to demand payment by any Hajj Committee or any supplier.
The Presiding judge said the whole story told by 1st defendant is difficult to understand and hereby found him guilty on count 7 and sentenced him to 3years on each count concurrently and acquits and discharge the 2nd, 5th and 6th defendants of all corruption offences.
The plea mitigation made by the defense counsel for the 1st defendant is that the 1st defendant accepts the judgment wholeheartedly and that the 1st defendant has complied with the directives of the court and that he is a family man of two wives and five children and was working for the government of Sierra Leone as special assistant to the former president on political affairs and that he has lost all opportunities and no longer working.
The defense counsel plea for mercy for a fine and a minimal fine rather than a custodial sentence and that all his dependents especially school going kids will suffer and for the fine to be stretched on installment for him to pay as the health of his client was another worrying concern.
The accused was sentenced to 3years concurrently on each count and on count 7 of misappropriation of public funds. Victor Foh and the rest of the accused persons were discharged. Representation for the State prosecutor was CT Matesbo and Sow whilst L. Dumbuya for the 5th and 6TH accused, HM Gevao and T Bundor for the 2nd accused and S. Will for the 1st accused.