In the matter of the State versus Haja Afsatu Kabba currently awaiting Judgment at the High Court, the Prosecution, in their Closing Arguments, had alleged a theory that their Sixth Prosecution Witness, PW6 ďhad absolutely nothing to gain by cooperating with the other witnesses in wrongly implicating the AccusedĒ as according to them, PW6 ďwas not part of the Ministry and was actually owed money by the MinistryĒ. It will be recalled that PW6 was presented to the Courts by Prosecutors of the Anti Corruption Commission as a Computer Engineer who was owed money from doing legitimate business with the Ministry of Fisheries and Marine Resources but however, the Prosecution did not tender a single piece of evidence to substantiate that PW6 was indeed a Computer businessman conducting legitimate business with the Ministry.¬† Not even one single Invoice or document was presented as evidence that PW6 was being owed money or had been engaged in conducting legitimate business.
On the other hand, Haja Afsatu Kabbaís Defence Lawyers, during cross-examination of PW6 had brought out the fact that PW6 was not a Computer Engineer, had lied about his computer employment history and also brought out the fact that contrary to his initial assertions, he was a shady character who had been engaged in shady business for a South Asian Fishing company which company had been evading to pay all due fees to Government & People of Sierra Leone.
The following is another extract from Lawyer Yada Williams Closing Arguments.
The Court is also referred to the evidence of PW 6. The witness sums up his business at the Ministry of Fisheries & Marine Resources when he said under cross-examination:
ďMy function was to fix things for the MinistryĒ. Page 52 lines 2-3 of the Courts Records
How could any tribunal of fact take such a witness seriously? This is a witness who lies about even his employment history. EXHIBIT Z which is a letter from the NCR says this witness has never worked for them. If he could lie about trivial things as his previous employment and his business dealings, what would he not lie about? This is a witness who has a propensity to lie and to deceive and we urge the Court to disregard his evidence. At least, he was undiplomatic and frank to describe himself as the Mr. Fix It of the Ministry.
Submitted by YADA HASHIM WILLIAMS
COUNSEL per pro for J. B. Jenkins-Johnston, Lead Counsel.¬†
Submitted by Counsel for the Accused pursuant to the Order of Justice S. A. Ademosu (Judge) dated the 22nd¬†July 2010.
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