Ibrahim Mohsen and eight others appeared before Magistrate J.O Wellington at court No 6, on one count charge of conspiracy to defraud, contrary to law. Lawyer Siray Wurie represented the D.P.P. and lawyer Tejan Cole lead the defence team.
During cross examination Mr. Desmond Deigh [P.W.3] who resides at 1 Elise Drive, off Regent Road said the Customs and Excise Department is divided into branches like the cash office, evaluation branch and others. He said he is assigned to the Cash Office and Mr. Kamara the Deputy Commissioner of Operation is responsible for supervising operational matters.
The witness testified that he did not do the calculation in Exhibit H-M which was done on the 25th January 2005, but he checked it and he used the value on the Bill of Entry; Custom Duties, ECOWAS Duties and the Sales Tax to calculate the penalties on Ibrahim Mohsen for the 10 containers. He said the Bill of laden and the Customs Entry form stated that the 10 containers contained common used salt and he used the Customs and Excise Act to check.
Mr. Deigh disclosed that he was not aware of the Customs Act 1982 and the Customs Tariff Act 1978 while he did the calculation and he did not use them when doing the calculation to institute penalties on Ibrahim Mohsen. He said he was not aware that these two Acts had been incorporated into the N.R.A. Act.
He further testified that Mohsen had paid the sum of 1.3 Billion as duties and penalties and N.R.A. had issued receipt to him.
Lawyers from the Defence counsel representing the 3rd, 4th, 5th, 6th, 7th, 8th and 9th.Accused asked Desmond Deigh if the signature or name of these accused are in any of the documentary evidence or if any of them carried out inspection on any of the 10 containers, he said no. The matter was adjourned to the 23rd April 2010.