By Mohamed Foday Conteh
Justice Simeon Allieu has handed down sentence on one Mohamed Sheku Turay, former staff of the Operations Department of Rokel Commercial Bank (SL) Limited, on charges of misappropriation of public revenue contrary to Section 26(1) of the Anti-Corruption Commission (ACC) Act of 2008, as amended in 2019.
The former banker was in court to answer to two a count charge of misappropriation of Public Revenue and Conspiracy to commit a corruption offence contrary to the Anti-Corruption Act of 2008 as amended in 2019. He pleaded guilty to both charges.
Justice Allieu, in his judgment ordered Turay to pay Le50 million for each count or an alternative of 5 years imprisonment. He was also ordered to return the sum of Le 3,920,145,262.00 (Three billion, nine hundred and twenty million, one hundred and forty-five thousand, two hundred and sixty-two Leones) misappropriated. The said payments must be made before 30th September this year and that receipts of such payments be tendered in court.
Turay was arraigned in court on Thursday 22nd July 2021 with 7 other accused in the persons of Alimamy Sesay, Noah Winnebah, Abioseh Ola Barnes, Musa Momoh Lahai, Hawa Y. Kamara, Mary Bangura (alias Mrs. Ngebai) and Rugiatu Kalokoh on 5 counts charges of corruption offences by the ACC.
The 1st accused Turay together with Sesay, Winnebah, Barnes, Lahai, Kamara, Bangura and Kalokoh between the 1st July 2018 and 31st January 2021 conspired with other unknown persons and misappropriated the Le 6,395,896,781.48 (Six Billion, three hundred and ninety-five million, eight hundred and ninety six thousand seven hundred and eighty-one and forty-eight Leone) which were payments made for electricity supply.
Counsel representing the 1st accused, Lawyer Taylor said that his client’s guilty plea has saved the court and prosecutor’s time and resources. He said his client has opted to forfeit his only property in order to deal with the consequences of his actions. Taylor said his client, Turay was remorseful and that it was that weight that prompted his plea.
Taylor also added that the offences in both counts are synonymous and pleaded with the judge to be cognizant of that. He said that one is substantive and the other incoherent and that both are inextricably linked. He pleaded with Justice Allieu to show mercy, noting that he was not asking for forgiveness.
The other seven accused persons pleaded not guilty to the allegations levied against them by the ACC. Their counsels applied for bail citing that they have been compliant with the investigators at the ACC. Hindolo Gevao, representing the 6th, 7th and 8th accused persons pleaded with the judge by informing him that the 7th and 8th are pregnant.
Calvin Matsebo, ACC Prosecutor, informed the court that the initial indictment on the 15th June 2021 which was investigating nine persons of interest offer no evidence and the indictment was dropped by the ACC. He noted that the accused persons were in court on another indictment dated 16th June 2021.
Responding to the several bail pleas made by defence counsels, Matsebo said he does not oppose to bail. He stated that the accused persons were mere suspects when the case was with the ACC and that their status had changed when arraigned in court so the judge should take that into account.
Justice Allieu granted bail of Le 500 million in the form of property valued at that amount for each accused person. He said sureties for the accused must be residents in Western Area. The matter comes up again on the 4th of August 2021.
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