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Cross-Examination of ACCís 6th Witness by Yada Williams
By
Jun 29, 2010, 17:06

Haja Afsatu Olayinka Ebishola Kabba (Nee Savage) in Court

Cross-Examination of the ACCís Sixth Prosecution Witness
on Monday 28th June 2010



PW= PROSECUTION WITNESS 
YW= LAWYER YADA WILLIAMS

= START =

YW- Did you tell the court that you are an Engineer?
PW- Yes my Lord.

YW- what kind of Engineer are you?
PW- Computer Engineer.

YW- did you tell this court that you work at the AITH?
PW- Yes I did but it was not AITH by then but NCR.

YW- for how long did you work in AITH or NCR?
PW- for 5 years my Lord.

YW- who was your supervisor?
PW- my late Uncle, Mr. Sylvester Massaquoi who was the Chief Engineer by then.

YW- Mr. Witness, Iím putting it to you that you were never employed by the NCR in any capacity!
PW- I was employed by the NCR my Lord.

YW- look at this document, (document presented) It is a letter dated past Friday 25th June 2010. Does the letter state that you were ever employed by the NCR?
PW- no my Lord!

YW- can you read it for the court?
PW- yes my Lord

Witness reads out as the General Manager of AITH/NCR who signed the letter copied to the Anti Corruption Commission, denies knowledge of any such name being employed at either AITH or NCR since the establishment of NCR in Sierra Leone.

YW- do you wish to tender it as evidence?
PW- yes my Lord (tendered as evidence)

YW- Mr. witness, that letter is saying you were never employed by the NCR, is that correct?
PW- yes my Lord.

YW- when you told this court that you were employed by the NCR for 5 years, I put it to you that you were deliberately seeking to mislead this honorable court?
PW- I donít think so my Lord.

YW- apart from the business that you told this court that youíve been doing for the ministry is there any other thing you do for your livelihood?
PW- no my Lord

YW- over the last 10years, you want this court to believe that your only source of livelihood depended on the NCR and the computer and supplies business you do with the Fisheries Ministry?
PW- well, I would not say my source of livelihood depends on NCR because I have been supplying and repairing computers to various ministries before

YW- before when?
PW- before this Government

YW- Mr. witness, Iím suggesting to you that you are misleading this court!
PW- no my Lord

YW- Have you ever been involved in the fishing business? Think carefully before you answer this next question. Have you ever done fishing business?
PW- (LONG SILENCE BEFORE RESPONDING) -yes my Lord.

YW- are you the Contact Manager for any fishing company at all?
PW- no my Lord, I have never been Contact Manager for any fishing company

YW- I have a complimentary card here with me stating that you, Mr. Witness were the Contact Manager for a foreign South Asian fishing company doing business in Sierra Leone. What do you have to say to this?
PW- (LONG SILENCE)

YW- Mr Witness, do you want me to repeat the question?
PW- that was before, but by then it was not a fishing company. It was called Korea Group Sierra Leone Limited

YW- when was this company formed?

PW- I donít know

                                                                         

YW- when did you started doing business with the Korea Group Sierra Leone Limited?

PW- let me say between 2 to 3 years ago

 

YW- Korea Group Sierra Leone Limited did not do fishing business? Are you sure?

PW- well, they were doing it before but I donít know for now because I no longer serve them.

 

YW- at the time you were serving them, were they doing fishing business?

PW- the time I was there, the company was just on it registration process.

 

YW- are they still doing it in Sierra Leone?

PW- no my Lord.

 

YW- Iím putting it to you that your company actually did fishing business in Sierra Leone!

PW- well, as a matter of fact, I was never employed as a staff in that company but was merely working under commission.

 

YW- did you make a lot of money in commission from this Fishing Company?

PW- yes my Lord.

 

YW- I put it to you that during your commission process, you made a lot of contacts with officials of the Ministry of Fisheries and one of your functions was to fix things in the ministry for your Fishing company.

PW- yes my Lord.

 

YW- Infact, you ensured that your company never paid license fees to Government!

PW- well, I donít know whether they were paying license fee or not.

 

YW- I am now putting it to you that the reason why you are in this court room today saying all what you have said about being a computer engineer who cashed a cheque and took it to Parliament for the accused is because of ill motives; because during the term of the accused person, Haja Afsatu Kabba, as Fisheries Minister, you could no longer succeed in fixing things for your company!

PW- no my Lord.

 

YW- Letís move on. Now, you told this court that when you went to Parliament you saw the Ministerís security and driver, is that correct?

PW- yes my Lord

 

YW- did you know the name of the driver to the accused person?

PW- no my Lord

 

YW- if seen, would you be able to identify him

PW- yes my Lord

 

(Driver Mani Ghandi was brought forward by Defence and the Witness identified him. The Security Teddy Massaquoi was also brought forward by the Defence and shown to the witness who also identified him)

 

YW- I put it to you that contrary to what you said in your testimony, you never gave a Ghana-must-go and a plastic bag of money to the accused personís driver or security in the company of ministry officials!

PW- I only accompanied the officials and maybe the money was given to them by PW3

 

YW- maybe?

PW- Well no! in fact yes!

 

(After an exchange with the witness strenuously trying to explain whereabouts of the Accusedís vehicle and when it left Parliament and reconfirming several times that he never once set eyes on Haja Afsatu Kabba that day nor did he ever set eyes on PW2or PW3 at State House, the cross-examination continued thus:

 

YW- Now, this is an official list of names of fishing companies operating in Sierra Leone prepared by the ministry. Do you see your name on the top right hand corner?

PW- yes my Lord

 

YW- on the same document on the top left hand corner did you see the name Korea Fishing Company on it?

PW- yes my Lord

 

YW- the telephone numbers on that document listed in the same top line next to your name and Korea Fishing Company, are they yours?

PW- Yes, one is mine and the other is that of the owners.

 

At this point Yada Williams tried to tender the document but ACC Prosecutor Calvin Mantsebo vehemently opposed saying he did not see the nexus of the document to the case. Defence Yada Williams in response, pointed out the salient fact that the witness had identified himself as a Computer Engineer and made no mention of his representation at the Ministry as the Contact person of Korea Fishing company. Yada said this was the nexus for the document to be tendered as it was an official document from the Ministry listing the Witness not as their Computer Repair man but as the official Contact for a Fishing company. However the learned Judge, in his wisdom, upheld the ACCís objection and refused to allow into evidence the document with the Witnessí name listed as Official Contact for Korea Fishing Company.

 

YW- As my Lordship pleases.

 

YW- Now, you said the Driver and Security took the money to the Jeep of the Accused when you arrived at Parliament. Is that correct?

PW- Yes my Lord.

 

YW- Does it follow that you were able to see the vehicle of the Accused the whole time you were there?

PW- Yes my Lord

 

YW- But you never saw the Accused, Haja Afsatu Kabba the entire time that you were up at Parliament?

PW- No my Lord.

 

YW- I have finished cross-examination of this Witness my Lord.


END



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