By Mohamed Foday Conteh
Defense Counsel Melron Nicol- Wilson representing former Health and Sanitation Minister Miatta Kargbo at the Appeal court has filed for leave on behalf of his client. The former minister in the then government led by President Ernest Bai Koroma is one of many officials in the past regime who have appealed the reports of the White Paper that followed the recommendations by the Commissions of Inquiry set up by the present SLPP government to examine their stewardship during their time in office.
Defense Counsel Nicol-Wilson hinged his argument on Order 27 of the Court of Appeal Rules of 1985 which addresses the aspect of new evidence and premised his defense on an affidavit which has an exhibit letter of the Home Finance Company dated 30th April, 2012, a 74 page statement of account from Zenith Bank, and other relevant records. Nicol-Wilson further stated that the said statement of account was recorded between May 2015 and May 2021, which was a period he argued the appellant, had left office. With this, he went on to state that since the Commissions of Inquiry were mandated to only investigate Persons of Interest during their tenure of office, the said bank statement was not tangible enough to prove that his client has a case to answer for unexplained wealth as published in the White Paper.
During the proceeding, Justice Adrian Fisher enquired about the date in which the appellant left office and her source of income. Nicol-Wilson said that the former minister left office on the 29th August, 2014 and that his client is a consultant and businesswoman with two trucks. The judge further pointed out that the said statement of account had no source of payment and that there were only a combination of letters and numbers. To this, the defense counsel directed the judge to where the names of the sources were mentioned.
Justice Sesay pointed out that the defense counsel should have red flagged the said statement of account when it was brought up in the Commissions of Inquiry. Defense counsel went on to state that his client was represented in that proceeding by a junior lawyer who lacked the expertise to notice such. He further said that the appellant had had no prior knowledge of the severity of the said statement of account –not until it was published in the White Paper.
Prosecuting Counsel Kowa argued that the appellant was being tried for her unexplained wealth during her tenure in office. He went on to mention, while making reference to the statement of account, that it was possible for the appellant to have incurred the wealth during her tenure in office and that only went on to open the said account at Zenith Bank latter in order to shore up the questioned funds. Kowa also stated that it was within the purview of the former legal representative of the appellant at the COI to have cross-examined Prosecution Witness 1 Dennis Lansana Vandi, who presented the said statement of account and that the appellant should not bear the brunt of the ineptitude of her former legal representative. He went on to state that the case put forth by the defense counsel is tantamount to nothing less than rebuttal evidence.
Justices Ivan Sesay, Adrian Fisher and Momoh Jah-Stevens presided over the matter which was adjourned to a date that court said will be announced to the public later.
Copyright © 2021 Politico Online
