By Janet A. Sesay
Counsel for Victor Bockarie Foh, the second accused in the on-going corruption trial at the High Court has applied for the production of a Video recording which, he said was relevant to the case.
The Video evidence the prosecution alleged was done by the former Aide De Camp (ADC) to the 2nd accused person who was the country’s former Vice President.
He made this application last Monday at the High Court presided by Justice Reginald Fynn.
The defence lawyer, H.M. Gevao said he had written a letter to the court and copied Anti- Corruption Commission (ACC) prosecutors in respect of the video evidence.
“I believe that the video contains evidence which could be exculpatory of my client,” lawyer Gevao submitted.
The other application by the defence lawyer boiled down to statements obtained by ACC from the former ADC who arrested and escorted Ibrahim Fackeh Conteh.
“They have also not given us another video recording of the incident of the handing over of the entire sum of USD60, 000. 00 in the house of the 2nd accused person,” the defence submitted.
Lawyer Gevao also argued that the video tendered to the ACC by the former ADC was also not given to them.
State prosecutor, Calvin Mantesbo replied that the time for the request was interesting as the case had been in court for almost a year.
The state prosecutor agreed that reference was made to the fact that the second accused made a recording which, he said, they were trying to secure.
“With regards the statement made by former ADC to the 2nd accused, the prosecution did not call him as a witness. It would be difficult for the prosecution to accede to that demand,” state lawyer told the court.
He also said the ACC did not retain the mobile telephone message, but for the material recorded by the ACC.
“We are under no obligation to do so, but we will do it because of fair trial,” he said.
Lawyer Gevao made a second reply that there is every reason for the defence to get these materials noting that they had raised the issue for the court.
“This is one of the most sensitive matters for a former Vice President to be tried on criminal charges which would affect him personally or as a nation,” he submitted.
“Every little evidence needed by the defence will help this court,” Counsel Gevao Submitted.
“He is a very senior citizen who was holding high office in the land. As a statesman, everybody admires the country for bringing him on trial,” he said.
If the prosecution refuses to produce the recording because they did not bring the former ADC as a witness, Counsel Gevao said, he would leave it to the court to decide.
Having heard the defence’s submission and the prosecution’s responses, Justice Fynn granted the application and directed the prosecution to produce the video in the interest of justice.
He said the prosecution had to provide these materials to the defence, video statement of the 2nd accused, video clip of the former ADC’s statement to the ACC and must ensure these materials be provided within the shortest possible time when the 2nd accused opens its case.
Lawyer Gevao then informed the court that one of the ACC prosecution witnesses Mr. Noah said a video clip was transferred to a system at the ACC and that the witness further said the defence knew what to do when they needed that evidence.
The matter adjourned to August 5, 2020.