By Jane B. Mansaray.
The High Court Judge Sitting at the Anti Corruption Commission (ACC) Court in Freetown last week refused an application for the reopening of the Sierra Leone Maritime Administration (SLMA) Corruption case involving the Executive Director Paul Sobba Massaquoi and five others.
The said application was made by (ACC) prosecutor Amara Koiva.
Lawyer Ibrahim Issa Mansaray, a defense counsel representing the first accused person Paul Sobba Massaquoi objected to the application on grounds of estoppel.
“The issue, closure of the prosecution case has been heard and determined by the court after numerous adjournments had been granted by the trial Judge at the instance of the prosecution”, Lawyer Ibrahim Issa Mansaray said.
According to Lawyer Mansaray, extensive arguments had been made on both sides of the defense and prosecution, in which the Judge gave definitive ruling on the issue.
Counsel submitted that the issue of such cannot be opened before the court, particularly when they the defense had filed a writen no case submission.
The Prosecuting counsel Sallifou Hanciles agreed to reply and serve on the 11th March 2022.
At that last hearing, Lawyer Mansaray said they unanimously agreed for the 13th April 2022, for both sides to make oral arguments.
Supporting his objection, Lawyer Ibrahim Mansaray cited the unreported Appeal cases of Nestor Cummings John.
“The issue of the prosecution is incorrect, and if granted the fair hearing of the accused persons will be seriously violated pursuant to section 23 of 1991 national constitution and having regard to the submission of a no case”, Lawyer Mansaray stressed.
Lawyer Hindolo M. Gavao, defense counsel representing both the 1st, 2nd and 3rd accused persons adopted Lawyer Ibrahim Issa Mansaray’s line and said if allowed, it will be prejudicial.
“A no case is the start of the defense case after prosecution had close its case voluntarily; is the end and is a novelty”, H. M. Gavao said.
Lawyer Gavao submitted that it is untold injustice to all the accused persons after submitting a no case based on the evidence led.
The ACC is a reliable institution and will not want to be seen to be promoting injustice; monstrous injustice and cannot be done to a court before this day”, Lawyer H. M. Gavao stated.
The State prosecutor Amara Koiva further submitted that the issue is not applied as the cause action is the same. He urged the trial Judge to discountenance the objection made by the defence.
Lawyer Amara said the prosecution case was involuntarily closed, and therefor asked the Judge to allow the application to be made; and once made be granted.
In his ruling, Justice Mohamed Bawoh said there is no prayer before the court to Reopen, despite all adjournments taken: and one month back had agreed to reply.
He however overruled the prosecution and sustained the defense objection.
Justice Mohamed Bawoh has adjourned the matter to the 26th April 2022 at 10am for oral submissions and arguments.
The accused persons, including Paul Sobba Massaquoi, Peter Joseph Menjor, Acting Director of Procurement, Fodie U. K. Dabor, Acting Director of Finance, Hartwell Williams, Quality and Assurance Manager, Victor Alpha, Human Resource Manager all of SLMA are in 2021 arraigned before the Court, answering to Five counts related corruption offences ranging from conspiracy to commit a corruption, failure to comply with applicable procedures and guidelines, abuse of office to knowingly misleading the commission, all contrary to the ACC Act No. 12 of 2008 as amended by ACC Act No. 9 of 2019 respectively.
