One of the defense counsels representing Dr. Samura Kamara in the ongoing corruption matter, Joseph Fitzgerald Kamara (JFK) has implored Justice Adrian Fisher to strike out the entire indictment against his client.
He said this on Friday, January 20, 2022 after accused appeared again before the presiding Judge. He said the indictment is faulty, since the sixth accused has not been appearing in Court to stand his trial and cannot be tried in absentia, especially when he is a foreign national, citing the relevant law.
Dr. Samura Kamara, the Former flagbearer of the APC and former Minister of Foreign Affairs and International Cooperation, under the Koroma administration, and three others are indicted on allegation of corruptionrelatingto the construction/rehabilitation of the Sierra Leone Chancery building in New York involving the sum of over two million United States Dollars.
According to Lawyer JFK, even though he represents the fourth accused Samura Kamara, the indictment touches on all the accused persons, and objected to such proceedings, and canvassed the Judge to discharge the matter based on the aforementioned reason.
Led in evidence by Lawyer L.V Robin Mason, Prosecution witness one, Chief Investigator of ACC Joseph Noah recalled May 28, 2022, when on duty a matter of alleged corruption involving the accused persons was referred to him for investigation. During the investigation, he was assisted by one Momodu Sitta and Bernard Dixion whom are also season investigators.
The witness stated that some parts of the investigations were conducted in Sierra Leone, while the other bit was done in America. According to Joseph Noah, two of the other investigators travelled to USA, while he travelled to China, but they kept communicating among themselves.
On July 23, 2021, he returned to Sierra Leone, while his two colleagues returned on August 8, 2021, and continued their investigation together. Mr Noah said they obtained statements from all the accused which he had in his possession.
He said that apart from the statements, several notices were served on various institutions and persons,as well from the accused.
At this stage, Lawyer Joseph Kamara objectedto the tendering of the documents, stating that the witness was not present when they were taken, as he was in China.
Replying to JFK objection, Lawyer O.V Robin Mason stated that the issues deal with competency of the witness, and that the witness was the custodian of the documents, adding that JFK’s objection was untenable.
Justice Fisher over ruled the objection of the defense and ordered the Defence of all the accusedto file all their motions from now to February 1, 2022, and the prosecution to respond on February10, 2022, if they deem it necessary.
He said there will be no oral hearing.
The matter was adjourned toFebruary 18, 2022.
By Alimatu Jalloh