Although the prosecutorial strategies of the ACC are not known, however the general ambition of those of us interested in the matter is to see it takes a speedy approach and conclude within the shortest period. The reason(s) is to see how the ACC can present a fragmented case and win it. It would go down into history that the ACC pressed a –seven-count indictment on two individuals without obtaining any form of statement from one of them, who is still residing in the United States of America.
Alex Mansaray, an accused person of the ACC was neither served with any document from the Commission nor was he interviewed to obtain his own side of the allegation levied against him by Sorious Samura and his team. The only material available with the ACC is the “Africa Investigates documentary” and a press release that purportedly originated from Alex Mansaray, which was not notarized in line with the American system. Probably, it was on the basis of these pieces of evidence that Alex Mansaray was charged
Defence Lawyers representing Alex Mansaray has been giving an unimaginable opportunity to make their day in Court, when they will tell the presiding judge that no opportunity was offered to their client to present his own side of the allegation. The principle of Natural Justice has been grossly abused by the Commission. It is not known whether it would be Reginald Sydney Fynn (Jr), Adi Macauley or Commissioner Joseph Kamara himself that will lead the prosecution. What is known is that the ACC team will be confronted by a battery of hard core Defence Lawyers who are ready and prepared to take on them and if possible send them to Law School for the last time.
Alex Mansaray is an American Citizen and legal procedures akin to the American legal system must be followed when dragging him to court. In as much as the United States of America respects the legal system of every country; be it Sierra Leone or the Arab World, it remains undisputed that the right of the individual must be protected. Similarly, as long their citizen is resident in America, all legal process and procedures of the United States of America must be followed. For the Anti Corruption Commission in Sierra Leone to imagine vaguely that it can used the laws of Sierra Leone to drag and indict an American Citizen in a Sierra Leonean Court when the individual is currently resident in his country (America) is a legal miscalculation.
Commissioner Joseph Kamara is aware of these legal details, despite he never worked as a Defence Attorney or Prosecutor while he was in the United States of America as a sojourner, he however interacted with legal minds and quite aufait with the legal system and how it works in that part of the world. Even attempt by the Commission to file papers and Affidavit sworn to by the Master and Registrar, Elwyn Winston Bailor could be seen as a mockery of the legal system in America. These documents if presented to legal experts in America would send them to the trash can for the trash vehicles to pick them up on the wayside of the street. They bear no semblance of the America legal system, so how can they be responded to, unfortunately none of them reaches Alex Mansaray whether electronically or physically.
Lawyer Melron Nicol-Wilson has already communicated with the ACC on behalf of his client, Alex Mansaray demanding from the Commission all documents and communication relating to the investigation for which a –seven-count indictment was slammed on him. Though, he may have fewer jobs in court to defend his client, he should remain silent after informing the court that his client is out of the country and was never contacted or interviewed by the Commission during investigation. It may sound strange, unprocedural, and legally incorrect to charge somebody to court when he was not heard and no application is made for his name to remain in the file until his availability when he/she would be cautioned.
With his years of experience and exposure in the legal field, this may not be the work of Joseph F.Kamara but somebody who wants his job or tired of seeing his face at the Commission building. The Aljazeera documentary is a piece of media work, which is now been contested by viewers and also those that have been indicted. The matter will soon be heard in court, where arguments from both sides of the Prosecution and Defence would be listened to by a trial Judge. The argument of the Defence would be based in law as well as expert interpretation. This means, experts in documentary production would be key to the freedom of the accused persons and also to the prosecution that the court would rely upon to hand down a conviction(s).
Sadly, there are no licensed or professional documentary experts in Sierra Leone that can speak the language, interpret professional works, endorse it and be accepted by any court in the world. The “Africa Investigates Documentary” has been categorized by experts in America, Ghana and some other regions as unprofessional and lacks every standard to be described as professional and proper to be used as evidence even in a small court in one of Sierra Leone’s villages, so can how the ACC used it as the basis of its case? Sorious Samura and his team abused professionalism, because Sierra Leone is a third world country that can accept every trash for reality, even expired meat, chickens, rice, medicines you name it are appreciated in Sierra Leone, therefore a piece of material called a documentary put together by a group of unprofessional and half baked can be accepted in Sierra Leone.
The ACC has put a list of witnesses together and on that list are the names of Sorious Samura and Annas…No surname and others that this medium would not wish to identify. Eight of them should be ready to receive the heat from the Defence Lawyers representing the accused persons.