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As Mayor trial continues… Judge Orders Prosecution to serve all documents soonest

by Awoko Publications
19/01/2012
in News
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As the trial of erstwhile Mayor of Freetown, Herbert A.G. Williams and eight others continued yesterday, Wednesday, 18th January 2012 at the Freetown High Court, presiding Judge, Justice J.B.A. Katutsi has ordered the prosecution lawyers to submit all documents relating to the matter by the end of the month.
This was as a result of the objections raised by counsels for the accused persons that some of the documents served to them late and that has prevented them thoroughly perusing them to build their defenses.
Meanwhile, the matter went ahead with Maada Makieu Konneh the PW3 was led in evidence by Lawyer Abdul Rahman Mansaray. Mr. Maada Makieu Konneh is an employee of the Anti Corruption Commission (ACC) as an Investigation Officer attached to the Investigation and Prosecution Department. He disclosed that he was on duty when a case on corruption was referred to him on July 29, 2010.
Lawyer Osman Jalloh for the defense counsel objected to this witness base on the ground that the statement of the witness was not served to them, citing section 23 (d) of the 1991 constitution of Sierra Leone which provides that they are entitled to all documents that the prosecution has in relation to the said matter.
Lawyer Abdul Rahman Mansaray for the prosecution stated that they have filled all the twenty nine statements to the defense counsel since past December when the defense counsel stated that all accused persons should have a free and fair trial.
Justice Katutsi over ruled the objection and asked the prosecution to continue with the witness.
The witness disclosed that whilst doing their investigation, they visited various financial institutions like the Sierra Leone Commercial Bank, Rokel Commercial Bank, First International Bank, Access Bank, Guaranty Trust Bank and Eco Bank, and also visited some entertainment centers like the Country lodge, Hill Valley hotel and the National Stadium among others.
He added that during their investigation they met with Mayor Herbert Williams to whom they explained their purpose of visit and made requests for various documents for which the Mayor referred them to the Chief Administrator who according to the witness also requested that Council be served with the appropriate notice before access could be accorded to them.
According to the witness, he prepared the notice which was signed by the Commissioner of ACC on November 29, 2010.
Lawyer Elvis Kargbo for the defense counsel objected to the document base on the fact that it was a photo start copy with no legal foundation.
The judge also over ruled the objection and allowed the prosecution to continue.
The purpose of the notice was for the production of documents and money paid to Morgan Heritage.
The other documents were a minute of a meeting held in respect of the above, including the statement of balance for the municipal from Crown Agent in England.
Lawyer Yada Williams stated that the document was served to them late past Tuesday, and questioned how they can defend the accused persons when such attitudes are being exhibited.
Justice Katutsi also questioned why the prosecution took the matter to court when they are not ready as the defense counsels have a lot to do and they must be served in time. He said the prosecution is not consistent as justice is a two-way traffic. He maintained that if the prosecution did not serve all the documents before the end of this month, he will not entertain any other document submitted after the end of the month.
The matter comes up on January 23, 2012.
By Alhaji M. Kamara

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