By Janet A. Sesay
The Third Prosecution Witness, Albert Moikpwendor on Monday, 9 September, 2024 testified before Magistrate Santigie Bangura of Pademba Road Court No.2 against three accused persons for allegedly embezzling one piece of diamond weighing over 200 carats diamond belonging to the complainant Benjamin Merer.
In his testimony, Albert said he is a businessman and that he has been engaged in mining for ten years.
The witness said he knows the complainant, Mr. Benjamin as the one that was giving license to mine on the land where the alleged diamond was found.
He recognized the first accused, Sheku Kabba as the manager to the complainant, Benjamin Merer and the second accused, Tamba Lebbie as the land manager at the site.
He recalled sometimes between May to June 2024, adding that on 28th May 2024, he received information in respect of the diamond and the accused persons and that later he went to the police station at Motema Police Division but that he learnt that the accused persons have been transferred to Freetown.
According to him, he came to Freetown and met the first and second accused at the CID and they were released on bail after two days. He furthered that later, he went to meet his sister Sia at the residence of the first accused at Government Wharf where he was told by the accused to help them in the fight.
The witness furthered that he told them that he will contact his brother who is the Deputy Minister of Sport in respect of the case, adding that he then placed a call to his brother who asked them to meet him at his residence.
He said they went to his brother’s residence, adding that whiles they were there, the first accused Kabba asked his brother to help them in the fight and that his brother should inform the public that the site where the diamond was found was given to him by family members and not by Mr. Benjamin the complainant.
The witness said his brother then asked the accused Kabba whether the diamond was with him and he admitted that he has the diamond but it is not in his possession but with the third accused, Mr. Jihad Basma and that the third accused’s brother had gone to Kono for it.
Witness Albert furthered that on the following day, himself together with his sister and brother went to the CID to make statements, adding that while they were there, Sia went to speak to the complainant and Tuma Gento and when accused Kabba saw her, he changed his mind saying that he will no longer work with them because they have compromised with the complainant, Mr. Benjamin.
The witness was cross examined by Defense Counsel, Lawyer Jessie Jengo on behalf of the accused.
They were remanded in custody until Monday, 16th September, 2024 for continuation.
The accused persons, Sheku Kabba, Tamba Lebbie and Jihad Basma are arraigned in court on three count charges ranging from conspiracy contrary to law, embezzlement contrary to Section 17(1)(b) of the Larceny Act of 1916 and receiving stolen goods contrary to Section 33(1)(a) of the Larceny Act of 1916.
It is alleged that the accused on a date unknown between the 20 to 26 May, 2024 in Moryonfeh village, Kono district with intent to defraud conspired together to commit a crime to wit embezzlement.
The State further alleges that the accused persons Sheku Kabba and Tamba Lebbie on the above date fraudulently embezzled one piece of diamond weighing 264 carats with an estimated value of USD 42,240, 000 (Forty-two Million, Two Hundred and Forty Thousand United States Dollars) equivalent to One Billion, Three Million and Two Hundred Thousand Leones being property of Benjamin Merer.
The State further alleges that the First Accused, Jihad Basma did receive one piece of diamond knowing same to have been stolen.