Lawyer Ady Macauluey, representing Samura Kamara in the Chancery Building renovation corruption case has told the court that his client did not present documents to Cabinet for approval of Fair Field Construction Company to undertake the contract, but the then Deputy Minister of Foreign Affairs, Mohamed Gibril Sesay who acted as substantive minister did.

He argued the court while making his oral closing address in Freetown on Friday July 12th, 2024. Samura Kamara was alleged of deceiving his principal, the government of Sierra Leone by not presenting the said document to the Cabinet.

He went on to say that witness affirmed to the court that, prosecution failed to prove that otherwise. Macauley also told the court that Kamara as fourth accused was not the author of the said documents either, but was authored by the Cabinet Secretariat in consultation with the Foreign Ministry.

Commenting on his client’s signature on the said documents, Macauley further argued that a soft copy of Samura Kamara was available, which he said was used.

He said the second count of the two indictments levied against his client indicated for misappropriation of public funds amounting to two million five hundred and sixty thousand United States Dollars ($ 2,560,000) meant for the reconstruction of the Chancery Building, but that the Anti-Corruption case was not about misappropriation of fund during the awarding of the contract, but value of money.  He further argued that there was no evidence to show that government lost money in awarding the contract.

According to him, if the contractor failed to do what he was supposed to have done during the implementation of the contract there is provision for litigation for such.

Responding to an argument by the state prosecutor, C.T. Mantsebo, said the accused ought to have said something in his defense, Macauley told the court that his client decided not to testify in the witness box because the evidence provided by the prosecution was so weak that there was no need to do so, but to simply rely on his earlier statement to ACC during investigation. The defense said the prosecution has the onus to prove their case beyond reasonable doubt. The presiding judge, Justice Adrian Fisher also discountenances that notion by the prosecution.

In connection to the second accused, Ambassador Adekali Foday Suma who signed the contract as the then Sierra Leone Permanent Representative to UN under instruction from his superiors from the Ministry of Foreign Affairs, the prosecution said that is not a defense.

He said because the second accused was acting on the instruction from his superiors despite there could be breach of rules willfully.

To this argument, the presiding judge, Justice Adrian Fisher, said the defense may say he did not do it willfully, but was instructed to do so.

In response to the presiding judge’s notion the prosecution ought to establish that the accused indeed knows the law, but breach it willfully, the prosecution pointed out that during cross examination of the second accused, he admitted that he knew it was wrong, but went ahead.

In his response, Africanus Sorie Sesay representing the second accused said his client only acted as an agent of the state and that signing of the said contract is not a criminal. He went further to say that a memo attached to the contract which his client signed instructed him to do so and that the said memo contained approval of the Cabinet, Law Officers’ Department and findings.

He specifically pointed out that cabinet advice for the approval and to proceed with the contract, which he said led to the Ministry of Foreign Affairs to instruct his client to sign it.

On the allegation of conspiracy, the defense said that the other party to the conspiracy, Jules Sanders Davies who his client was allegedly conspired with to misappropriate public funds, did not surrender himself to the court and that Davies had the evidence to show that the second accused did not commit that offence. He called on the court to acquaint and discharge his client.

Emmanuel Teddy Koroma, representing the fifth accused, Kandeh Foday Basil Kamara as the then financial attaché to the UN mission, who was charged for conspiracy to misappropriate public funds and failure to comply with applicable procedure to manage fund, said he was posted to the mission way beyond the awarding of the contract.

However, Koroma said during his client’s time at the mission, he signed about eight vouchers of which he said executed his job in confines of his duty by ensuring that the contractor acknowledged receipt of the entire  funds that were spent on the intended purpose. He added that noting to show that he conspired with first accused or with any other person. He also urged the court to acquaint and discharge his client.

Lawyer Pa. Momoh Fofana, representing the first accused, told the court that there was no need for him to make oral closing address as the written version was sufficed.

In his remark, Justice Fisher called on all parties to be patient as the case is coming to an end. While giving reason for the delay of the case, he highlighted the complexity of the case and that he would announce the time of the conclusion of the case.