Twenty-one-years-old, Sahr Moiwa, on Monday 19th August, 2024 testified before Magistrate Santigie Bangura of Pademba Road Court No 2  against Sheku Kabba, Tamba Lebbie and Jehad Basma who is a British national.

The accused allegedly embezzled one piece of diamond weighing over 200 carats which belongs to the complainant Benjamin Merer.

The accused were four in number but the third accused Sahr Lebbbie said since the inception of the matter was absent in court and so the court sought an adjournment for the accused Lebbie to be in court.

When the matter was mentioned State Counsel Yusuf Isaac Sesay made an application for an amendment on the indictment.

The accused Lebbie is said to be on the run.

State Counsel Sesay said the continuous absence of the third accused will cause delay, adding that even though the accused  are on bail which was given by the court but the third accused Sahr Lebbie is absent.

He said justice delay is justice denied, adding that whenever they get the accused he will appear in court.

Defense Counsel Jessie Jengo did not object to the application saying it is a welcoming application.

The three accused were arraigned before the court on three count charges ranging from conspiracy contrary to law.

Police alleged that the accused on a date unknown between the 20th to 26th May 2024 in Moryonfeh village, Kono district, he had the intent to defraud or conspire with other persons unknown to commit a crime of embezzlement.

Police further alleged on count two that accused Sheku, Tamba and Sahr on the above date and place fraudulently embezzled one piece of diamond weighed two hundred and sixty four carats of an estimated value of forty-two million, two hundred and forty thousand United States Dollars equivalent to one billion, three million and two hundred thousand Leones (1,003,200,000) and the money belongs to Benjamin Merer.

It was also alleged in count three that accused Basma did receive one piece of diamond weighed two hundred and sixty four carats of an estimated valued at the above price knowing to have been stolen.

Accused Basma pleaded not guilty to the offense of receiving stolen goods.

Led in evidence by State Counsel Yusuf Isaac Sesay, the witness Sahr Moiwa said he lives in Kono district, adding that he is a diamond miner.

He added that whiles doing his diamond work, he uploaded gravels, washed them and during the process they will be able to see diamond during the washing.

Witness Moiwa further said that he is working on a site owned by his boss, adding that he knew the complainant Benjamin Merer as he owns the site where the accused had been working.

He recognized the first accused Chernor as manager of the site owned by the complainant.

He further recognized the second accused Tamba Lebbie, adding that they live at the same town in Kono district.

He also recognized the third accused Basma, adding that he is in the business of buying diamond and that he also has a diamond office at Kono.

Testifying before witness Moiwa said he has engaged in diamond business for long time.

He recalled between April and May 2024, adding that between those days,  he was going to his site where he usually works and while passing by the second accused Tamba Lebbbie asked him to join them on their site to help them work for which he agreed.

He further said that they started working as he was given a shovel to remove the gravel and he went down the pit to work.

The witness further that while working water took over the pit and they left that area and went to another site.

He said after the water had dry up, he went to the pit again to continue his work and when he enter the pit, he saw a diamond on the floor.

He further that he took the diamond and watched it, adding that it was clean and white, and has eight corners which resemble like some limes.

He continued that he took it with his feet and held it with his hand, adding that he felt happy and showed it to third accused Sahr Lebbie who also gave it to the second accused Tamba Yamba as he his brother.

He continued that the accused then applaud him and told him to wait upon the arrival of the first accused Sheku Kabba who was the manager of the site.

He further that upon arrival of the first accused Kabba, accused Lebbie handed over him and accused the accused congratulated him.

He further that the first accused then told him that his boss Benjamin Merer will compensate him because the diamond was found on his site.

He added that Benjamin in the afternoon went to the site but was unable to talk to him because at that point he was feeling dizzy, adding that later the first accused told him to go home that they will compensate him later and he went home.

He said the next day, he was unable to go to the site as he was unwell but the following day he went there to work but the accused did not talk to him and he also did not ask them about the diamond.

Witness Moiwa further said that he later asked the accused about the diamond, Sarh Lebbie slapped him and argument ensued among them.

He said the wife of the Chief Tutu Makumba heard about the argument and she went on to ask what the matter was and he explained to her what had transpired between them.

He further said that after three days the first accused told him that they had gone with the diamond at the lab, adding that it weight 75 carats which he denied of what he picked on the ground.

He said during that process the accused Kabba told him to be patient and that he would buy him a bike and would give him the sum of one million old Leones and he denied his offer.

The witness further said that the following day, himself, and one of his family members boarded a bike to see Benjamin and on their way they had an accident and so they returned home again.

He further said that the following day they went to the Chief and his wife explained to the Chief who instructed them to make a report at the office of the Ministry of Mines.

He said while at the mines office, one of the Mines officers later went to the site at Pema and they made an enquiry about the diamond.

He added that he was taken to the house of the Chief together with the mines officers, and that the first accused Kabba and later Benjamin also joined them.

He further said that he then met Benjamin and explained to him, adding that he wanted to see him but was unable.

The witness continued that they were all taken to Motenma police station and the police decided to lock all of them there.

He said at the cell the first accused Kabba said they had the diamond but it is in the hands of the third accused Jihad Basma, adding that they had not yet been sold.

He said the accused then told the police station and they weighed the diamond and were 264 carats.

He further said that he was later called to make statement at Tankoro police station.

He said they were later transferred to Freetown at the CID HQ for investigation.

During cross examination by defense Counsel Jessie Jengo, the witness said he is 21 years.

He further said that he cannot talk of the agreement between the Lebbie family and Benjamin over the said site.

He continues that he did not know whether the accused had given 37 piece of diamonds to complainant Benjamin Merer.

He further said that he is also not aware that the accused had given 39 million Leones for the said diamond.

Lawyer Jengo pleaded with the Magistrate to review the bail condition of the accused which was denied by the Magistrate.

The accused were taken to the correctional center and the matter was adjourned to the 27th August, 2024 for continuation.