At the request of the Defence Team for Momoh Konte, the Hon. Justice Abdulai Charm, the High Court Judge presiding over the Anti Corruption Commission matter against Momoh Konte has yesterday July 2nd 2012, adjourned the criminal trial until September when Anti Corruption Commission should make available Mr. Sorious Samura to continue the cross-examination which Sorious abruptly abandoned without saying goodbye to the Courts or seeking leave of the Courts. Earlier yesterday, one Felix Tejan Kabba, the Chief Investigator at the ACC and who is Prosecutor Witness 1 (PW1) for the Aljazeera case had been recalled by ACC in order to enable him to be cross-examined by the defence team. Last month, the ACC had applied for PW1’s cross-examination to be put in abeyance in order to superimpose the testimony of Sorious Samura (PW2). That had been done but then Mr. Sorious Samura had run away from the country, abandoning his cross-examination without seeking leave of the courts. Following Sorious Samura running away from the country, the ACC brought back their PW1.
The following are short transcripts of the yesterday’s session.
Manly Spaine- I would like you to look at exhibit F statement of the accused, did you ask him about two thousand dollars that someone gave it to him?
PW1: No my lord
Manly Spaine- Did you put it to him as to whether he received any other amount?
PW1: No my lord
Manly Spain- do you know the accused was charged with soliciting 50 thousand U.S dollars?
PW1: No my lord
Manly Spain- what about $100,000 from Anas and Bilal do you anything about that?
PW1: No my lord
Manly Spaine- what about $1,000 from the same people do you know any thing?
PW1: No my lord
Manly Spaine- So you are not aware of the specifics of what the accused is charged for?
PW1: No my lord
Manly Spaine- But you are the Chief Investigator of this matter! Hmmm. Now, you tendered the M&A for a proposed company?
PW1: yes my lord
Manly Spaine- you know that the film was concerning alleged corruption in timber?
PW1: it alleges malpractices in timber
Manly Spaine- when you received document for the M&A, did you read it?
PW1: yes my lord
Manly Spaine- did you find out if there was a mention of timber logging?
PW1- no mention of timber in there
Manly Spaine- did you go the Register General’s office to make sure if any company was registered?
PW1- yes my lord
Manly Spaine- what was your findings?
PW1- it has not been registered
Manly Spaine- what about this Albert Momoh whose name appears in the M&A, did you talk to him?
PW1- no my lord
Manly Spaine- Mr Kabba you know in the charges that ACC alleges that the accused received money from one Anas? Have you spoken to this Anas?
PW1- I have not yet spoken to Anas
Manly Spaine- am I right to say the ACC has not obtained statement from Anans?
PW1- No. ACC has not obtained any statement from Anas
Manly Spaine- what about Bilal did you talk to him?
PW1- No
Manly Spaine- do you know if ACC has obtained statement from Bilal?
PW1- No my lord
Manly Spain: My Lord, this witness is of no use to me. He knows nothing. He cannot answer any questions. We need to end the cross examination of Sorious Samura as Sorious will be the one to answer the questions which this PW1 will not be in a position to answer them. I will come back to this PW1 later but we must have Sorious in this court to continue his testimony.
After Lawyer Manly Spaine made that application the ACC’s Reginald Fynn opposed to the application as PW1 is present so he must finished with him and then call in other prosecution witnesses following which Sorious will come in to finish in September 2012.
Justice Charm then very firmly ruled that since the ACC said Sorious Samura would be coming in September to finish his abandoned cross-examination, there was nothing wrong for the court to wait until Sorious Samura returned to finish his unfinished cross-examination which he had abruptly abandoned.
“The application is granted. I will want my notes to be organized and don’t want to start going back and forth with them,” the Honourable Judge stated. He said in order to make his notes tidy, it was but fitting for Sorious to be recalled back to complete his cross-examination. He said since the ACC will be able to bring back Sorious in September, he was going to adjourn the matter and not listen to any other witness until the ACC brought back Sorious Samura to complete his cross-examination. He thus adjourned the matter to September 26th 2012 when he expressed the hope he would see Sorious in front of him to complete his cross-examination. That was how yesterday went.
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