US$100,000 fraud: Judge says accused has a case to answer


September 28, 2016 By Hassan Gbassay Koroma

The presiding Judge in the ongoing USD100, 000 fraud matter involving one Denis Jones yesterday ruled against lawyer Emanuel Saffa Abdulai’s no-case submission, stating that the accused indeed has a case to answer in court as charged by the Anti -Corruption Commission (ACC).

The accused was charged with one count of conspiracy contrary to Section 128 (1) of the Anti-Corruption Act of 2008.

The prosecution alleges that the accused person on a date between 4th and 31st May, 2014 in Freetown, sent a newspaper article to one Mr. Dominic Ansell Joseph Beary, an investor in the United Kingdom to convince and deceive him into paying the sum US$100,000, knowing same to be false.

Reading her ruling at the Freetown High Court, Justice Miatta Samba said the accused was charged to court by the Anti- Corruption Commission on a count’s charge of conspiracy, contrary to Section 128 (1) of the ACC Act of 2008.

She said the prosecution alleges that the accused on the said diverse dates between 4th to 24th June, 2015 conspired with other persons unknown to commit a felony and caused one Dominic A. J. Bearly, Director of Network Proximity Sierra Leone Limited into paying the amount of USD 100,000, purportedly as a fee for an international gateway license.

The judge said the defense counsel, Emmanuel Saffa Abdulai, in his no-case submission based his argument on the grounds that the ACC lacks the powers to charge the accused under the said section was standing trial in court.

She said that, in the newspaper publication, the accused stated that an international gateway license had been awarded to the Network Proximity Communications but the government required that the company should have at list one hundred thousand United States Dollars in it bank account in Sierra Leone before the license would be given.

She said the publication showed that the accused did conspire with other persons unknown and did not divulge as to how he sourced the story.

She further informed the court that the prosecution summoned witnesses who testified in the matter and that they had proved their case beyond all reasonable doubt.

Responding to his election, the accused said he would testify on oath and that he has witnesses that would testify on his behalf.

The matter was adjourned to 30 September, when the accused is expected to testify.