By Jane B. Mansaray.
Justice Simeon Allieu has convicted three staff of the Electricity Distribution and Supply Authority (EDSA) for misappropriation of public revenue after they were arraigned in court by the Anti-Corruption Commission (ACC).
Justice Allieu gave his ruling on Wednesday 11th August 2021 at the ACC Court in Freetown after they pleaded guilty to the said crime.
According to the ACC, Hawa Kamara, Mary Bangura (Mrs. Ngegbai) and Rugiatu Kalokoh being Revenue and Reconciliation Officer and Revenue Assistants of EDSA on the 24th March 2020 misappropriated the sum of Le40,000,000 (Forty Million Leones Leones).
The three convicts were initially arraigned in court on an ACC indictment issued on the 16th July 2021 that implicated one Mohamed Sheku Turay (Rokel Commercial Bank Staff), Alimamy Sesay, Noah Winnebah, Abioseh Ola Barnes and Musa Momoh Lahai (all staff of EDSA). The 1st accused, Turay had pleaded guilty to the charges against him and had already been convicted and fined by the same Judge.
The three accused together with their other EDSA colleagues had pleaded not guilty to the various charges during their first appearance in court.
However, the trial saw a new twist when Abdulai Kondowa, Counsel for Kamara, Bangura and Kalokoh submitted in court that his clients had decided to plead guilty to Count 2 (misappropriation of public revenue). With that, he applied for the Registrar to read the indictment to them afresh.
With this plea, Kondowa pleaded with the Judge to consider that his clients are first time offenders. He also added that his clients had not wasted the court’s time. He said they have regretted their actions and that they will definitely be rehabilitated upon release. He pleaded with the Judge to be lenient as to avoid custodial sentence in his ruling.
Kondowa also pleaded with the Judge for the timeframe of payment of restitution. He pleaded with the Judge for the court to consider a period of three months since his clients are jobless at present. He however later accepted to apply for two months after the said time was said to be too long by the Judge.
Counsel for the ACC, Mohamed Sow, beckoned the Judge to administer his sentence as provided in the ACC Act of 2008 as amended. He specifically referred the court to Section 1 of the said Act which explicitly pointed out that convicted persons must pay restitution into the Consolidated Revenue Fund. Also, Sow submitted a no-case submission with regards Count 3 which is conspiracy to commit a corruption offence.
Justice Allieu, after taking into consideration the arguments of both counsels and the seriousness of the crime sentenced the three accused persons to a fine of 50 million Leones each or an imprisonment of 5 years. The Judge also ordered that all three accused pay into the Consolidated Revenue Fund the sum of Le 13,333,000 (Thirteen Million, Three Hundred and Thirty-Three Thousand Leones) on or before the 11th October 2021.
The Judge adjourned the matter for next Wednesday 18th August 2021 with a continuation of the trial of Sesay (2nd accused), Winnebah (3rd accused), Barnes (4th accused) and Lahai (5th accused).
