By Janet A. Sesay
A ruling on whether a new exhibit should be accepted in evidence will be handed down today by Justice Adrian Fisher, presiding judge in a matter between Anti-Corruption Commission and six accused persons including Dr Samura Kamara.
Justice Fisher had earlier ordered the prosecution and defence teams to submit the necessary documents last Saturday in respect of the ruling.
The new document titled: ‘Legal Opinion’ was produced in court by Ady Macauley, one of the counsels representing Dr Samura Kamara who was Minister of Foreign Affairs and International Cooperation in the past government.
Prosecution counsels have opposed the new exhibit saying they were not aware of it. Counsel Macauley however insists that the document was from the Office of Attorney-General and Minister of Justice, and has served the prosecution team with a copy.
The controversial issue came up during cross-examination of an ACC (Anti-Corruption Commission) witness, Joseph Bockarie Noah who was questioned by defence counsel as to whether he was aware of the ‘Legal Opinion.’
Noah responded that he was not aware of the document although he was told about it by the second accused, Foday Vafhomba Bawoh while making statements to the ACC.
The second accused statements were shown to the witness who was requested to read it in open court by the defence counsel.
Having read the statements, the witness confirmed Counsel Macauley’s claims that the ‘Legal Opinion’ was made at the Attorney’s General’s office indicating that the contract for renovation of the chancery building in New York should begin with immediate effect and that he acted based on the order given to him.
The Prosecution team continues to argue that the witness should not answer questions on the documents since they have never seen it before.
Meanwhile, Justice Fisher said, last Thursday, that Dr Samura Kamara was not a signatory to Ethic Sal account.
He made the statement when defence counsel Ady Macaulay was cross examining witness, Noah about the US$1M that was paid to Etic Sal account in 2019.
Justice Fisher who cautioned defence counsel to stop wasting the court’s time emphasised that Samura Kamara’s name was not mentioned by the prosecution as a signatory to the said account.
Lawyer Ady Macaulay responded that Dr. Samura Kamara was charged with misappropriation indicating that money had been taken from the account and that he had to clarify that aspect to the court.
Lead defence counsel, Franklyn Kargbo also supported Counsel Macauley’s submission that they wanted to prove before the court that their client did not misappropriate money deposited into any account.
After that argument, lawyer Macaulay stated that he was glad that his client had nothing to do with the said account.
Continuing his cross examination, lawyer Macaulay asked the ACC witness if the Embassy of China made a deposit of US$1M into Etic Sal account as per the directives from the then Director-General of the Ministry of Foreign Affairs and International Cooperation, Paul Mina.
The witness responded that according to the document before him, the US$1M was deposited in the Etic Sal account at Zenith Bank by China.
The witness was also shown exhibit K1-19 with voucher number 00193211 dated 16th January, 2019 a cheque for the payment of four billion, two hundred and forty million, and five Leones (Le4, 240,005,000) payment made to the United Nations Chancery building in New York by the Ministry of Foreign Affairs.
Witness confirmed that Dr Samura was not Foreign Affairs Minister at that time.
Exhibit L1-31 was also shown to the witness in which the witness confirmed that the document has voucher number 0001196396 payment of three billion, eight hundred and two million, seven hundred and six leones (Le3,802,706,000) made to Sierra Leone United Nations New York from the Ministry of Foreign Affairs in June 2019.
Exhibit M1-25 was also shown to the ACC witness with voucher number 0001176805 payment of three billion, eight hundred and eleven million, seven hundred and twenty thousand leones (3,811,720,000) payment made to the United Nation New York on 23rd January, 2018.
Witness could also not tell whether the fourth accused was minister at that time as he left the said ministry in December, 2017.
Exhibit Q1-3 which is a “Debit Advice” was also shown to the witness which he confirmed that a swift transfer of US$1M was transferred from CRF to the chancery account in New York on 22nd November, 2016.
ACC witness also confirmed that exhibit Q3 stated that on 6th May 2020 US$435,652 was transfer to the United Nation Sierra Leone Chancery building in New York.
The witness was also shown other exhibits which has two pages and it was dated 2nd June, 2021 a “Credit Advice” receiving transfer of $139,985 in favour of the Ministry of Foreign Affairs.