The High Court presided over by Justice Bintu Alhadi, on Tuesday 12th November 2019, acquitted and discharged the former High Court Master and Registrar, Stephen Yayah Mansaray of two counts of corruption offences. Mansaray was jointly charged with Adele Fayia, former Accounts Clerk of the Judiciary, Abubakarr Bangura and Isatu Ulaikatu Kiamp Kamara, both Revenue Officers of the National Revenue Authority (NRA). The Anti-Corruption Commission (ACC) alleged that between the 12th and 20th March 2019, the four conspired and misappropriated a Le60 million High Court fine. According to the ACC the money was in respect of a fine levied on Emmanuel Ekundayo Shears-Moses, after he was convicted of corruption offenses. The money was paid by his solicitor’s clerk on the 12th March 2019. The ACC further alleged that the four received the money but failed to deposit it into the Consolidated Fund of the Government. The ACC said that the accused could not give a reasonable explanation on whether the money was deposited into the Fund as they could not produce receipts by the National Revenue Authority regarding the deposit. Justice Alhadi acquitted and discharged Mansaray but convicted the three others. Delivering her 14-page judgment at the Siaka Stevens Street High Court in Freetown on Tuesday, the Judge said an analysis of the prosecution’s evidence shows that conspiracy between the Master and the other accused has not been proven.
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She referenced the testimony of the ACC investigator in which he stated the Master was not responsible for fines. She said that piece of evidence supports what Mansaray said in his voluntary cautioned statement to the Commission. Even though the prosecution’s evidence of conspiracy against Mansaray was that he was the chief administrator and vote controller of the judiciary of Sierra Leone; and in that position failed in his responsibility to effectively monitor systems under his watch…, the Judge said if he was not responsible, she cannot see how he should have exercised oversight over fines paid into Court. Although Fayia in her confessional statement to the Commission said she gave Le20 million, which she received from Bangura to the Master, the Judge furthermore said there was no clear evidence that the Master participated or even received part of the Le60 million fine. She noted that the evidence of Fayia and Kamara against Mansaray was not tenable in law. The evidence against the three was that when the money was brought to the sub-treasury for payment, the 3rd accused, Abubakarr Bangura sent a cheque of Le55,000,000 to the 4th accused, Kamara. Kamara gave the two cheques to Fayia who deducted the Le55,000,000 from Le60 million. The 55,000,000 was shared amongst them. Fayia received Le1 million while Kamara received Le2 million. This piece of evidence was in the confessional statements of Fayia and Kamara which they made to the ACC. The 3rd accused however denied that piece of evidence. In terms of conspiracy against the three, the Judge said the confessional statement of Fayia and Kamara speak for themselves. The Judge said from the circumstances of the relationship between the three even though they work for separate institutions they still colluded and conspired to misappropriate the Le60 million fine. Also from the confessional evidence of the 2nd and 4th accused, conspiracy could be inferred. Justice Alhadi said the evidence was not rebutted by the counsels of the three persons. In their defense before the Court, Fayia and Kamara in an unsworn statement denied the allegations. Fayia had stated that she made the statement under duress as she was thinking of her children and wanted bail. Kamara on the other hand had stated that she was suffering from post-natal condition. The Judge said she found no evidence of undue pressure or duress as claimed by Fayia. She added that no evidence was adduced in court to show that Kamara suffered from post-natal conditions. In conclusion she said she had no doubt in her mind that the accused unlawfully and dishonestly used the money for an unauthorized purpose. “Not that the 1st accused is not culpable but the evidence adduced by the prosecution does not support the allegation… ” she said. In her verdict, Justice Alhadi ordered that the three convicted persons pay a fine of Le30 million each or spend three years in prison. As a way of restitution, she further ordered that out of the Le55,000,000, Fayia should pay Le2 million, Kamara pay Le2 million and Bangura payLe51 million. All of the monies should be paid not later than 11th December 2019.
EBD/12/11/19
By Edna Browne-Dauphine
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