Joseph
Kamara, Commissioner of the Anti
Corruption Commission (ACC), has
expressed doubts over the judgment for
the case of Alieu Sesay, former
Commissioner General of National Revenue
Authority (NRA) who was discharged of
all 57 counts’ indictment filed by the
ACC.
The Commissioner said having listened to
the judgment and gone through some part
of the judgment, “I want the public to
resonate with the background of this
case when a husband gives a wife
contract yet the outcome did not reflect
conflict”.
“But also is it an issue that all you
have to do is declare your interest that
my wife has a company and so therefore
all contracts have to go to your wife?”
He asked.
Mr. Kamara
stated that the judgment has been
received by the Commission with
apprehension, and serious concerns but
that in any event “they welcome the
judgment because as lawyers they are
trained to welcome judgment whether one
likes it or not in recognition of the
integrity of the process”.
In the same vain, he went on, “the
Commission is going to critically
examine the judgment, and that they have
serious issue with the legal analysis of
the judgment,” but under the rules of
the Court of Appeal, he said, “the
prosecution is obliged to file an appeal
on serious issues”.
He added “After reading the judgment, if we find serious issues both in the analysis and application of the law, we will file an appeal, but we are minded under the provisions of the rules of Appeal that it has to be on serious question of law. We are going to read the judgment and where we have issues of doubt in that application and analysis of the interpretation of the law, we will appeal.”
The ACC Commissioner explained that they are not going to file an Appeal because of losing the case, but they are doing it in the interest of justice that the precedence of law must be set straight, as they have observed a dangerous trend.
“To look at the 57 counts of indictment and you let the accused go free in all of those counts. We do not see that it is right when we have seasoned prosecutors including me. We want to see the legal application of that to see that all 57 counts are let out without any conviction passed on any one.”
He went on, “it is this dangerous precedence in the trend that we want to arrest, we are working within the ambit of the law, we will agree when things are fine but we will remain to disagree when we have doubt and in this particular instance, we have doubt so far, because I was very satisfied with the investigations and the evidence even before the indictment was served. ”
The ACC Commissioner said that the fight against corruption is a national fight, so they want the public to understand that they can do all that it takes within the resources available, as they do investigate, prosecute and take matters to court.
From that point onward, it is no longer under their control and in this case they presented their evidence the best way possible.
On the
impact of the judgment on the
international community, he said that
the country is donor-driven and that the
National Revenue Authority (NRA) is one
such institution that receives support
from the international community and
with such judgment, it will send
different interpretations to the donor
communities.
The national impact is that it
undermines the credibility of their
work, they cannot insist on winning
cases but if they lose, they want to
know the reason why because a lawyer is
as good as his case and this case was a
very good one for them.
This judgment, he said, will not daunt their spirit in the fight against corruption and that resignation is not an option for him or any of the prosecution team because of this case.
Tomorrow
there will is also be another judgment
in the case of Philip Lukulay, former
Director of the Sierra Leone Maritime
Administration which was filed also by
the ACC on over 100-count charges.