By Jane B. Mansaray.
The Commission of Inquiry (COI) appeal matter between the State and the former Attorney General Joseph Fitgerald Kamara (JFK) has been adjourned to the 9th June 2021 for oral hearing.
The adjournment came after respondent State Counsel Robert B. Kowa conceded to mis-communication as to the direction given by the presiding Judges including Justice Ansumana Ivan Sesay, Adrian Fisher and Momoh Jah Stevens.
Lawyer Robert B. Kowa on behalf of the State apologised to the panel of Judges for failing to file and serve written synopsis as directed by the court on the last hearing.
The mis-communication, according to Kowa also affected the appellant, J.F Kamara and therefore asked the panel to give them the opportunity to comply on the next adjourned date.
The appeal matter of Madam Miatta B. Kargbo, former Minister of Health and Sanitation in the past administration was also mentioned in absentia of the Appellant.
Lawyer Melron Nicol Wilson on behalf of the Appellant, made an application by way of notice of motion dated 21st May 2021, seeking for leave to be granted for the Appellant to be heard on the motion.
Second leave is for the Appellant to be heard on the fact in the findings and conclusion of the sole commissioner and government white paper report on the outcome and recommendation of the CIO as established by Constitutional Instrument No.64 of 2018.
Additionally, for the Appellant to adduce evidence to the fact in respect of a Zenith Bank account operated by the Appellant Miatta B. Kargbo.
Lawyer Nicol Wilson supported his application pursuant to the 2nd lean of Order 27 of the Appeal Court Rule 1985; and also relied on the entirety of Miatta Kargbo affidavit content in support, proposed deposition and a judgment delivered on the 20th December, 2016, at the Fast Track Court at Government Wharf in Freetown and facility letter from Home Finance Company (HFC) dated 30th April 2012, and with a statement of accounts from Zenith Bank Sierra Leone from 5th May 2015 to 21st May 2021.
In his submission, counsel informed the court that the said bank account was established and open on 5th May 2015 after the Appellant had left office on the 29th August 2014.
State Respondent Counsel, Robert B. Kowa said he relied on the affidavit in opposition dated 24th May 2021, and Part 1 Rule 1 of the Appeal Court Rule 1985.
Counsel submitted that the facts with respect to the bank account were within the knowledge of the Appellant during the COI investigation and not after the report was published.
“This is rebuttal evidence, and this is not the proper place for Appellant application as what her counsel is seeking is not in the interest of justice,” Kowa argued.
“The appellant did not realise the significance of the evidence led at the CIO in respect of the Zenith Bank account until after the publication of the government white paper,” Lawyer Melron Nicol Wilson stressed.
Melron Nicol was challenged on the source of the above bank transaction which is key to the Appellant`s case.
Both Appellants are before the Appeal Court, challenging the outcome of the sole Commission of Inquiry report and recommendations.
