Kamal Namatallah Mansour, accused of allegedly converting 142 pieces of diamonds weighing 79 carats to his own use and benefit, has been admitted to bail in the sum of Le 2 billion and two sureties in like sum.
The accused on Tuesday January 12, 2021, made his sixth appearance before the presiding Magistrate of Court No.1 Marke Ngegba at Pademba Road in Freetown.
The accused is answering to the charge of fraudulent conversion contrary to section 20 (1)(iv)(a) of the Larceny Act 1916.
The police are claiming that the accuses Kamal Namatallah Mansour between Wednesday 10th July 2002 and Saturday 19th October 2002, at 28 Hangha Road, Kenema fraudulently converted to his own use and benefit 142 pieces of diamonds valued US$425,000 entrusted to him for safe keeping by Foday Fembeh.
However, according to the testimony of Mohamed Sillah, the first witness brought forth by the prosecution, said that he knew the witness, and he had approached him to introduce him to anyone who had diamonds for sale.
Sillah further said that he later spoke told Pa Foday Fembeh the complainant that, the accused wanted to buy diamond. He said the complainant called his wife, Regina Fembeh, now deceased, and gave her 71 pieces of diamond and instructed her to accompany him to sell the diamonds at the house of the accused. Sillah said Pa Fembeh told them to sell the diamonds at Le80 million.
The witness said that when they went to Kenema city where to do the sales, he requested for the diamond to be handed over to him from the complainant’s wife and she did.
He added that he handed the gems over to Kamal, who then told them he would not pay for the diamonds at the Le 80 million they had asked for.
Sillah added that he requested for the accused to return the diamonds and he did, and they went back with the gems to Pa Fembeh. He went on to say that they returned the diamond to Pa Fembeh. He added that they had initially offered 71 pieces to Mansour, but because their negotiation fell through upon their return, the old man added another pieces of diamond to make the total of pieces they were offering for the sales to 72, and renewed their offer of sales to Mansour.
He said they took the gems back to the accused for safe keeping, and made an undertaking to which Mansour, Sillah and Fembeh’s wife are parties in which Mansour signed that he had received the Gems for safekeeping. Sillah told the court that the complainant had instructed them that the accused should make a written receipt when he had received the diamond, and that receipt should be returned to him, which they did.
He said when they returned after giving the accused the 72 pieces of diamond they found another 70 pieces which were later taken to the accused.
Sillah explained further that after they had given the accused 142 pieces of diamond they went for the negotiation together with the complainant, and the accused told them he had ‘disposed’ of the diamonds. He stated that the accused promised to give them $260,000 in four days’ time. He added that after four day they went to Kamal’s office but learnt that he had travelled to Lebanon.
Sillah concluded that they went to CID in Kenema branch and reported the matter.
The matter was prosecuted by State Counsel Y. I. Sesay and the matter was adjourned to January 20, 2021.
By Isabella Cassell
15/01/2021. ISSUE NO:7981