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Page added on July 7, 2012
Following the controversy of reports claiming that a writ of criminal summons was not served to the Prosecution Witness (PW2), Sorious Samura in the Momoh Konte Timber Documentary Trial, lead Defense Counsel Ajibola E. Manly Spaine, has issued a press release affirming that a writ of criminal summons was put in place against Sorious Samura ACC’s star witness on the 22nd day of June 2012.
Ajibola Manley-Spaine stated that statements and utterances made by Sorious Samura in the timber documentary trial constitute defamation and character assassination of his client, Momoh Kemoh Konte for which the writ of criminal summons was filled in the Magistrate court of Sierra Leone in which Sorious Samura was supposed to appear on the 29th of June this year.
He also noted that Sorious Samura travelled out of the jurisdiction at the height of the cross-examination process, which is considered an infringement to the rules of trial proceedings in the court of law.
This implies according to the Nota Verbae the legal counsel issued that it was untimely and constitutes a legal error to anybody including the Insight TV and the ACC to make comment of description to the testimony of PW2 because it would constitute contempt of court procedures in a matter under trial.
Manley-Spaine said the brave combat of the Insight TV put-on to shoulder Sorious Samura’s morale boosting was inconsistent with the general matter at land. He rubbishes the perception of the Insight TV, which seem to claim that Sorious Samura was in a contract with the Anti-Corruption Commission of Sierra Leone to deliver a witness testimony for just a day as fallacious.
According to him Sorious Samura was under the jurisdiction of the court of Sierra Leone, which means even his movement was limited as at the time he was occupying the testimony dock until the court release him upon completion of his testimony. The press release is self explanatory.
Dated 5th day of June, 2012
The attention of the defence team of Momoh Konte in the ongoing trial of the Anti-Corruption Commission versus Momoh Konte and Alex Mansaray has been drawn to a press release from the office of the Managing Editor of Insight News Television Limited, on the 2ndof July 2012. Insight News Television Limited are the producers of a film called the Sierra Leone Timber presented by Sorious Samura, and broadcast by the Al Jazeera English in November 2011. This film is at the heart of the trial in the High Court of Sierra Leone.
The press release from Insight News Television is inconsistent with the facts, as we know them here in Sierra Leone. Sorious Samura to all intent and purposes did not complete his testimony before the court in Freetown. The honorable court adjourned to the 27th of June 2012 and Sorious Samura was expected to continue responding to the defense team’s cross- examination. Reginald Fynn – Director of prosecution of the Anti-Corruption Commission of Sierra Leone was in court to ask for an adjournment, because he could not produce his star witness – Sorious Samura. It is therefore with shock and dismay that the defense team learn from the Insight TV press release that the commissioner of the Anti–Corruption Commission gave them the impression that Sorious has fully fulfilled his obligations in court. The letter purported to be written by Commission Joseph Kamara to Sorious Samura is totally out of sync with reality and cannot be endorsed by his own prosecution team. There seems to be a total lack of communication in the ACC between the prosecution and the Commissioner. The said letter as quoted by the press release speaks of the malicious nature of the indictment as concocted by the Anti-Corruption Commission and the malevolent intention to cast Momoh Konte as corrupt even though the court are yet to decide on his guilt or innocence. The honorable legal profession demands very high standards of its practitioners and to have the head of ACC declare in Bo that Sorious Samura has satisfactorily complete his testimony and has fulfilled his obligations to the courts is not only dishonest but worrisome, to say the least. The defense team of Momoh Konte firmly stands by the creed of the law profession, which demands justice and fairness for all. In response of the last paragraph of the Insight TV press release, it is not a hidden secret that the Aljazeera English has been put on notice in more than one jurisdiction regarding the film Sierra Leone; Timber! Sorious Samura will answer to summons of libel here in Freetown and other jurisdictions where redress has been sought.
E. Manley–Spaine, Head Counsel
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