By Alimatu Jalloh
The case of Jehad Basma a British National and two others has on Monday August 19th 2024 appeared before Magistrate Santigie Bangura of Pademba Road Court No.2 for the third time with prosecution witness Sahr Moiwa testifying in the matter of a 75 carats diamond believed to have been stolen.
Shortly after the matter came up on Monday 19th of August 2024 with the accused persons, defense and prosecution present, State Prosecutor Yusif Isaac Sesay applied for the case file on which the accused persons had been charged to be amended because the accused people named on the file were four in number but the third accused Sahr Lebbbie was absent and still on the run.
He submitted that for the 3rd accused, Sahr Lebbbie’s name to be deleted from the information but advised that it remain on the file, adding that Lebbbie was still on the run and that the prosecution intended to proceed with the matter in his absence.
He invoked section 105 of the Criminal Procedure Act of 1965 in altering the information.
State Counsel Sesay said the continuous absence of the third accused would cause delay, adding that even though the accused were on bail which had been admitted to them, justice delay is justice denied. “Whenever the third accused is caught he will appear in court” he added.
Defense Counsel J. M. Jengo did not object to the application.
The application was granted and State Counsel Y. I. proceeded by leading the 1st prosecution witness (pw1), Sahr Moiwa, in evidence on the said matter.
Moiwa took the witness stand and identified himself as a diamond miner who lives in Kono District.
He described his job as being responsible for uploading and washing gravel, during the search for gems.
Witness Moiwa furthered that he works at a site owned by his boss, and added that he knows the complainant Benjamin Meter, whom he added owns a site where the, first second and third persons implicated in the crime worked.
He added that he recognized Sahr Lebbie, the first accused, as the Manager at Meter’s site, the second accused Tamba Lebbbie, as one with whom he lives at the same town, and Jehad Basma, the fourth accused charged for allegedly receiving the stolen gem, as one who dealt in diamonds with an office in Kono District.
Testifying further, Moiwa said he has been in diamond business for a long time.
He recalled that on a specific day between April and May of 2024, when he was going to his mining site, and while passing by, the second accused Tamba Lebbbie asked him to join the work at his site, and he agreed.
He furthered that he started working with a shovel in hand, and he went into an open pit and started removing gravel from it.
He told the court that while he worked, the pit became filled with water, causing him and the other miners to leave that area for another spot in the same site.
He continued that after the water had receded, he went back into the open pit which had initially flooded with water, and he continued working and spotted a diamond on the ground.
He furthered that he picked it with his foot and looked at it in his hand, noting that it was clean, white and had eight corners “resembling a lime”.
He continued that he took it with his foot and held it in his hand happily and showed the third accused Sahr Lebbbie who later passed it on to the second accused, Tamba Lebbie.
He continued that Tamba Lebbie then applauded and told him to wait upon the arrival of the first accused Sheku Kabba, the Manager of the site.
He furthered that upon the arrival of the first accused, Lebbie handed the gem to him.
He also said that the first accused then told him that his boss Benjamin Meter will compensate him because the diamond had been found on his site.
He added that Benjamin Meter, in the afternoon, went to the site but was unable to speak with him because at that point he was feeling dizzy, adding that later the first accused told him to go home with the promise that he will be compensated later. Moiwa added that he went home, but on the next day he could not go to the site because he was unwell. He further that when he went there two days after, Sheku Kabba, the first accused, neither spoke to him about the diamond, nor did he (Moiwa ) ask him about it.
Witness Moiwa furthered that later when he asked the first accused about the diamond, Sahr Lebbbie slapped him and an argument ensued among them.
He added that the wife of the Chief, Tutu Makumba, heard about that they had had an argument and went to ask what the matter was, and he explained to her what had transpired among them.
He furthered that after three days the first accused told him that they had tested the diamond at the lab, and that it weighed 75 carats to which he denied that what he had picked from the pit ought to weigh more than 75 carats.
He said that during that process the first accused Sheku Kabba told him to exercise patience, promising to buy him a motorbike and also give him the sum of Le 1,000, which he declined.
The witness furthered that on the following day, he and another family member were on their way to see Benjamin Meter, the owner of the site, but had an accident, and so they returned home.
He furthered that the following day when they went to the Chief, the Chief’s wife explained to her husband about what had transpired among them, and at the end the Chief instructed them to make a report at the Ministry of Mines.
He added that whiles at the mines office, one of the Mines Officers later went to the site at Peyema and made an enquiry about the diamond, and the second accused Tamba Lebbbie told the Mines officers that he gave them a 27 Carats diamond.
He added that he was taken to the house of the Chief, together with the Mines Officers and the first accused, Kabba, and later Benjamin Meter also joined them there.
He furthered that he met Benjamin Meter, and after he had explained to him, Meter confirmed that he had initially wanted to see him but was unable to.
Moiwa continued that they were all taken to Motema police station and the police decided to lock all of them up.
He added that when he was in the cell, the first accused, Kabba stated that “they have the diamond, but it is in the hands of Jehad Bassma,” adding that they had not yet sold it.
He said the accused then told the police that when they weighed it the diamond was actually 264 carats.
He furthered that he was later called to make a statement at Tankoro Police Station, and they were later transferred to Freetown at the Criminal Investigation Department Head Quarter for further investigation.
During cross examination by defense Counsel Jessie Jengo, the witness told the court that he is 21 years old.
He further added that he could not tell the content of the agreement between the Lebbie family and Benjamin Meter over the said site, and also that he did not know whether the accused persons had given 37 piece of diamonds to the complainant Benjamin Meter.
He further that he is also not aware that the accused had been given Le 39 million Leones by Jehad Bassma the British Lebanese businessman who is also one the people accused in the case, for the said diamond.
After his testimony, Lawyer Jengo pleaded with the Magistrate to review the bail condition of the accused persons, but his plea was denied. The accused persons had been admitted to a bail, but they had not been able to meet its condition. They remain in detention at the Male Correctional Centre on Pademba Road in Freetown. The matter comes up next on the 27th of August, 2024 for further hearing.
Previously in this matter Jehad Basma the British National and two others had on Wednesday 7th August 2024 appeared before Magistrate Santigie Bangura of Pademba Road Court No.2 in the case of the 75 carats diamond believed to have been stolen.
The accused persons, Sheku Kabba, Tamba Lebbie and Jehad Basma had been initially arraigned for the crimes of Conspiracy, Embezzlement, Larceny, and Receiving Stolen Goods respectively.
Sheku Kabba and Tamba Lebbie, the first and second accused persons in this matter, are believed to have conspired and committed the act of embezzlement on a date unknown between 20th and 26th May 2024, at Woryonteh Village, kamara Chiefdom, in Kono District, Eastern Sierra Leone.
Sheku Kabba and Tamba Lebbie, the first and second accused persons, on the second count, and on the same date and place are believed to have fraudulently embezzled the 75-carat gem which is the property of Benjamin Meter.
It was alleged on the third charge that Jehad Basma on the same date and place received the diamond knowing that it had been stolen.
When the matter was originally mentioned in court, State Prosecutor Yusif Isaac Sesay Esq. requested for it to be adjourned so that he could properly confer with prosecution witnesses, and in order to proffer proper charges against the three accused persons present because the third accused Sahr Lebbie was absent when the matter was first called on Wednesday the 7th of August 2024.
Lead defense counsel Jessie M. Jengo Esq. made a successful application for the accused persons to be admitted to bail pursuant to section 79 (2) (3) of the Criminal Procedure Act No.32 of 1965.
He further presented a medical report in respect of Jehad Basma stating that he was unwell, and added that he resides within the jurisdiction and had reliable sureties who were willing and ready to go into his recognizance.
Defense Lawyer Jengo furthered that Basma would not interfere with prosecution witnesses, nor would he jump bail.
Magistrate Bangura having listened to the application admitted the accused persons to bail in the sum of one billion Leones each with two sureties in like sum, and the sureties must be resident within the Western Area and that they must be business or company owners with a capital not less than the sum specified in the bail condition, and bank statement signed and stamped by their respective banking institutions.
He added that each of the sureties must be a property owner within the Western Area and must submit their title deeds together with utility bills especially city rates, electricity bills and water bills.
The Magistrate ruled that the bail was to be approved by the Master and Registrar of the High Court of Sierra Leone.
The matter came up next on the 14th of August 2024 for further hearing.
On that day all of the accused persons named in the matter, Sheku Kabba, Tamba Lebbie, Sahr Lebbie and Jehad Basma were to have appeared before Magistrate Bangura for the second time, and all of them did but for the third accused, Sahr Lebbie who was still at large.
When the matter, which was on case file number CS 2113, was mentioned on that day ( 14th of August 2024), State Prosecutor Yusif Isaac Sesay Esq. informed the court that there were two matters before the Magistrate stemming from the same issue, and applied for the charges on case file CS2113/2024 against the accused persons to be discharged, offering no evidence against the accused persons.
Magistrate Bangura granted the application in view of the submission of the prosecuting counsel, and discharged the accused persons on that case file.
State Prosecutor Yusif Isaac Sesay also mentioned CS 2199, a new case file which bore the names of all the persons who had been mentioned in the matter including the third accused Sahr Lebbie who was still on the run, and applied for a short adjournment date because the third accused persons was absent from court.
Counsel representing the accused persons Jessie M. Jengo Esq. applied for bail on the new charges on behalf of the accused people pursuant to subsections 2 and 3 of section 79 of the Criminal Procedure Act No.32 of 1965.
Lawyer J. M. Jengo made reference to the matter that had just been discharged, and added that the accused persons had been admitted to bail in that matter.
State Prosecutor Yusif Isaac Sesay Esq. objected to the above statement made by the defense counsel, and added that the said matter was no longer before the court and had been dead and buried.
Magistrate Bangura listened carefully to the prosecutor and the defense, took cognizance of the offences charged particularly with regards the nature of the property in the action and it estimated value and the failure of the third accused person to appear in court with no excuse, and said that the absence of the third accused reminded him of a principle of law as stated in Archibald Criminal Pleading Evidence and Practice 23rd Edition 203 that where the nature of the offences charged is serious the greater should be the leaning to refuse bail. He however admitted the accused persons to bail because the prosecution had not expressly opposed it.