By Mohamed Foday Conteh
The infamous Hajjgate case involving individuals in the persons of Former Vice-President Victor Bockarie Foh, Sheka Sahid Kamara, Minkailu Mansaray, Mohamed Alie Bah, Ibrahim Fackeh Conteh and Abubakarr Carew has on the 7th June 2021 closed hearing from both defense and prosecuting counsels.
All of the accused persons have a case to answer except for Mohamed Alie Bah and Minkailu Mansaray who have earlier been discharged by the court.
On 26th September 2018 an investigation was launched against the aforementioned accused persons. After the investigations, they were arraigned at the Anti-Corruption Court in Freetown on 8 count charges ranging from conspiracy to commit corruption, misappropriation of public funds, engaging in a project without due planning, failing to comply with the applicable procedure, guidelines relating to the management of funds, to knowingly misleading the ACC.
Saidu Will, representing Kamara (1st Accused), argued that the prosecution does not have compelling evidence enough to charge his client. He added that the charges are not represented in the said section of the amended Act of the Commission.
It is worth recording that the wife of the first accused had testified that his husband took the amount of $80,000 and Le45 million to the Former VP. It was from this said money that the 2nd accused allegedly took $20,000 and gave them the remaining $60,000 which she alleged Foh will collect from them on a later date. The wife said that they were with one Alhaji although she was in the car when all this happened.
Hindolo Gevao, counsel for the 2nd accused alleged that that the testimony given by the wife of the 1st accused does not corroborate with the earlier statement that alleged that it was $10,000 that he gave the 2nd accused.
Gevao argued that his client was innocent of the charges brought against him by the ACC. He premised this assertion on the failure of the prosecuting counsel to produce the alleged video and audio recordings. This, he said, had made it difficult for his team to put up the necessary defense they had needed earlier. He said his client's insistence on recording a video of the incident and event is a vindication he is innocent. He added that his client also insisted that the president be informed of the incident.
Gevao added that the former Vice President had an alibi that would have testified in court that Foh was with him during the said time that he 1st accused alleged that he had given him the said money.
Lansana Dumbuya as counsel for the 5th and 6th accused persons acknowledged that the 6th accused was initially arraigned in court on 3 count charges. He said that count 8 for which Carew was being charged is not chargeable. Presenting his argument to the court, he said that his client followed the only procedure available at the time. This was in regard to a letter that Carew had signed in place of the minister. His argument was hinged on the Financial Service Act which allows the Permanent Secretary to act in the stead of the minister if the minister cannot be reached. He drew reference from this after he said that his client made several unanswered calls to the minister.
Dumbuya said that his client was in Mecca when the letter was accessed by one Noah, an ACC investigator. He added that Noah had testified in court that it was the minister that he received the letter from.
With regards to his 5th client, Lawyer Dumbuya stated that there is no evidence that positioned Conteh at the said scene.
Prosecuting Counsel Calvin Matsebo argued that all the charges against the accused persons were done accordingly. He counter argued that conspiracy must constitute a statutory and should be part of common law. He also added that the reason for the lack of the necessary evidence that the defense had asked for was because the act was done surreptitiously and thus result in the charge of conspiracy.
Justice Reginald Fynn then adjourned the matter sine die.
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