By Hajaratu Kalokoh
Justice Bankole Thompson has ruled against State Counsel’s application to compel Persons of Interest to attend the commission and take the stand. The judge listened to almost a week of deliberation between the State and Defense Counsels concerning this application.
Justice Thompson’s commission was investigating the Ministry of Agriculture. The former Ministers of Agriculture, Joseph Sam Sesay and Professor Monty Jones, are among persons of interest the State Counsel demanded to appear in court.
Last week, lead State Counsel, Lawyer Robert Kowa, made the application for persons of interest to appear in person to declare their assets.
In his argument, the lead Defense Counsel, Lawyer Lansana Dumbuya said it is not necessary for his clients to appear in the commission when he is there to represent them legally.
Dumbuya said on Wednesday: “They are troubled and concerned with their good name. So, they are willing to provide all necessary documents to support this commission.”
The investigations into the Ministry of Agriculture is the longest investigation into a single ministry since the start of the commission of inquiry. The Justice Thompson commission have spent five months conducting hearing on it.
The investigation has spanned from investigating the procurement and distribution of fertilizers, cash transfer scheme to how the Agriculture Ministry handled its finances over the last ten years of the Ernest Bai Koroma administration.
In his ruling on Thursday, Justice Thompson said compelling persons of interest to attend the proceedings and take the stand will go against their human rights.
“I strongly opine that subjecting persons of interest to the regime of compellability of witnesses would be manifest violation of their right not to incriminate themselves,” the judge said.
“For all the foregoing reasons and considerations, several and cumulatively, the state’s application is meretriciously, and accordingly denied,” he added.
This is the second time State Counsels in the Commissions of Inquiry hearings have attempted to compel persons of interest to appear. Justice Biobele made a similar ruling almost three weeks ago when lead State Counsel, Lawyer Robin Mason, applied for persons of interest to be compelled to appear in front of the commission.
In his ruling Justice Thompson referenced Justice Biobele’s ruling on the issue, which was done on the 30th May, 2019.
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