By Mohamed Foday Conteh
Former Permanent Secretary in the Ministry of Trade and Industry, Sanah Marrah has sought the leave of the Court of Appeal to present fresh evidence in order to exonerate him from the incriminating findings of the Commissions of Inquiry (COI).
Roland Wright, the lawyer who represented Marah on Wednesday 24th November this year, said he filed a notice of motion on the 16th November 2021 based on the orders of the indictment.
Lawyer Wright said that they rely on Rule 27 of the Court of Appeal Rules which gives the court the discretion to allow his client to present fresh evidence.
The appellant’s lawyer said unlike other persons of interest in the COI that did not avail themselves during the hearings, his client made himself available and that it was the Commission, which told him to go home and would be called upon when needed.
He argued that his client, made statements to the Commission but that the Commission never summoned him again as promised and said his client was ‘willing and cooperative’ at the COI.
Lawyer Wright affirmed in Court that had his client been allowed to be present, the findings against him would have been made.
He said the issue surrounding the disbursement of loans by the Sierra Leone Commercial Bank (SLCB) for which the COI implicated Marah was misplaced because he was not the permanent secretary in the ministry at that time.
Lawyer representing the State, Robert Kowa objected to the presenting of fresh evidence by Marah on the point of law.
The State lawyer said that they did not file an affidavit in opposition with regards the appellant’s submission and said they would not pose any further opposition.
In another matter, former permanent secretary at the Ministry of Sports, Samuel Coker also sought the leave of the court to present new evidence.
Coker’s lawyer, Sulaiman Banja Tejan-Sie filed an application with several exhibits to the court.
The lawyer said that exhibit SBTS 1 and 2 contained new evidence which they wish to bring to the court’s attention.
He also referred to exhibit SBTS 3 which is the chapter in the COI report that deals with the Ministry of Sports that has ‘adverse findings’ on his client between November 2007 and April 2018.
He said that his client only worked at the said ministry for less than two years and that most of the findings were hinged on games for which monies have already been spent.
He said the most recent and biggest sports event before 2018 -the final year of investigation of the Ministry by the Commission, was the Common Wealth Games in 2016, and claimed his client was not a staff at the Sport Ministry by then.
Counsel for the State, Lawyer T.J. Freeman conceded pending the discretion of the bench because the State does not want to waste the court’s time.
Both matters were adjourned to a date that will be announced to the public for ruling. Justice Ivan Sesay, Justice Momoh-Jah Stevens and Justice Adrian Fisher represented the Bench at both hearings.
Copyright © Politico Online 26/11/21
